NITA ALIAS NATHI Vs. HITENDRAKUMAR KALURAM SAKARIYA

JUDGEMENT

(1.) This Family Court Appeal under section 19 of the Family Courts Act, 1984, is directed against the Judgment and order dated 30-3-2005 passed by the Principal Judge, Family Court, Mumbai. By this judgment, a petition, filed by the respondent-husband, being Petition No. A-942 of 1997, has been allowed and the marriage of the appellant-wife and the respondent has been dissolved by a decree of divorce on the ground of cruelty, under section 13 (l)(i-a) of the Hindu Marriage Act, 1955 (for short, "the Act"). While dissolving the marriage, the Family Court held that the appellant-wife is entitled to permanent custody of their son Aniket. The Family Court, however, has negatived the appellant's claim of Stridhan and has directed the respondent to pay maintenance of Rs. 2500/- per month each to the appellant and to their son Aniket.

(2.) The respondent has not challenged any part of the impugned Judgment, and, therefore, learned counsel for the parties have not addressed the Court on the question of custody of Aniket.

(3.) The brief facts, which are relevant to dispose of this appeal, are recapitulated as under: The parties were married on 20-5-1994 at Sumerpur, Rajasthan according to Hindu Vedic Rites and Customs of the community. After the marriage, the parties stayed at their native place for about a month and came to Mumbai and started residing in the joint family at Militia Apartment, Mazgaon, Mumbai. They cohabited for a period of about two years and on 29-6-1996 the appellant left the matrimonial home last and thereafter she did not return. During the period of two years, according to the respondent, there were several incidents causing cruelty to the respondent and making it impossible for him to live with the appellant. The respondent, therefore, filed petition for divorce on the ground of cruelty in May, 1997.