LAWS(BOM)-2012-2-69

NINAD SANJAY THAWARE Vs. SANJAY CHAINTAMANRAO THAWARE

Decided On February 03, 2012
NINAD S/O. SANJAY THAWARE Appellant
V/S
SANJAY S/O. CHAINTAMANRAO THAWARE Respondents

JUDGEMENT

(1.) Admit.</Jpara> <Jpara>[2] HEARD finally by consent.

(3.) I have gone through the judgment of the learned trial Court. It appears that the learned trial Court was of the view that the amount of Rs.3,000/ will be required for proper maintenance of the applicant. The learned trial court has directed the Non applicant Sanjay to pay Rs.1,500/ and the rest of the amount is to be borne by mother of the applicant. The learned trial Court has also taken into consideration the source of income of the mother of the applicant and the reasons for grant of decree of divorce. The decree of divorce has been granted to the non applicant on the ground of cruelty. What is important to be noted here is that the mother of the applicant i.e. wife of the non applicant had opted to remain absent for cross examination by the non applicant. It is submitted that she had filed her affidavit of evidence in the Family court but did not turn up to tender herself for cross examination by the non applicant. This fact has not been disputed during the course of hearing.