DIPAL @ SHITAL Vs. HARDIK DILIPBHAI NAGAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment and decree passed by the Family Court dated 28.12.2012 in Family Suit (HMP) No.218 of 2011 so far as it relates to not awarding maintenance to minor Swera.

(2.) THE short facts of the case are that the appellant had preferred the petition under Section 13(1)(i -a) of the Hindu Marriage Act for judicial separation and the said suit was registered as Family Suit (HMP) No.218 of 2011. Learned Principal Judge of the Family Court at the conclusion of the judgment passed the decree for judicial separation and further directed permanent alimony to the plaintiff wife of Rs.8000/ - per month from 16.6.2011 on regular basis. However, so far as the maintenance for the minor is concerned, such was not granted by the Family Court observing that there should be separate application for maintenance of minor daughter. It is under these circumstances, the present appeal.

(3.) WE have heard Mr. Premal Joshi for the appellant original plaintiff and Mr. Pathan for the respondent/original defendant. As such the Family Court has denied the maintenance for minor daughter by keeping in mind the provisions of section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") read with the decision of this Court in the case of Patel Dharamshi Premji vs. Bai Sarkar Kanji AIR 1968 GUJARAT reported in 150(Vol.55,C.19)(1). However it appears that the Family Court found that for education and maintenance of minor daughter, maintenance would have been available but as per the Family Court, a separate application would be required to be made for maintenance of minor child.