SHOBHA SANJAY JADHAV Vs. SANJAY RAMCHANDRA JADHAV

JUDGEMENT

(1.) Present appeal is preferred by the wife/original petitioner challenging the judgment and order passed in Family Court Petition No.C140/2001 by Family Court No.3, Bandra, Mumbai. The impugned judgment and order was passed on 17.7.2004 by which the prayer of wife for maintenance was rejected, however, the maintenance of Rs.1,000/ per month was granted to the minor child, to be paid by the husbandpresent respondent from the date of the order i.e. from 17.7.2004. The respondenthusband was also directed to pay Rs.1000/ towards the litigation expenses to the petitionerwife. The appellantwife is hereinafter referred to as the wife and the respondenthusband is referred to as the husband for the sake of brevity.

(2.) The wife preferred petition for maintenance to herself as per the provisions of Section 18 and maintenance for her own daughter then aged about three years, as per the provisions of Section 20 of the Hindu Adoptions and Maintenance Act, 1956. An amount of Rs.1500/ was claimed by the wife for herself and an amount of Rs.1000/ for minor girl child, by name Priyanka. In the petition, it was also prayed that custody of the minor child shall be given to the wife permanently. Rs.4000/ was asked towards the litigation expenses.

(3.) In order to ascertain the merits of the present appeal, certain factual position is narrated as under along with the brief facts of the matter :