KALPANA Vs. PRAKASH

JUDGEMENT

(1.) This is an application by the appellant/ wife seeking modification of the order dated 07/07/2015 passed in Family Court Appeal No. 88/2014.Before adverting to decide this application, the brief facts with regard to various orders for maintenance in various proceedings passed by the Courts need to be noted.

(2.) The marriage of the appellant/ wife with the respondent/ husband was solemnized on 17/05/1997, and out of the said wedlock, they have a son, viz., Kartik, born on 11/07/1999. Since November - 1998, the couple is residing separately. The custody of the child (now major) is with the appellant/ wife.

(3.) At the time of marriage, the respondent/ husband was serving as a Research Assistant in Maharashtra Institute of Labour Studies, Parel, Mumbai. Feeling aggrieved with the act of desertion by the respondent/ husband, the appellant/ wife filed a petition bearing No. A-69/2003 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (hereafter "Act of 1955", for short) before the Principal Judge, Family Court, Nagpur, and the same was decided in favour of the appellant/ wife vide judgment dated 29/04/2008directing the respondent/ husband to resume cohabitation and to pay her the permanent alimony of Rs.3,500/- (rupees three thousand five hundred) per month and Rs.1,500/- (rupees one thousand five hundred) to the child, total Rs.5,000/- (rupees five thousand) per month from the date of judgment and decree.