SEEMA SUBHASH SHRIGONDEKAR Vs. SUBHASH GUNAJI

JUDGEMENT

(1.) Heard the learned counsel for the appellant. By the present appeal the appellant had challenged the judgment and decree dated 17.10.2002 passed by the Principal Judge, Family Court No. 5, Pune in Petition No. C-16/1999, whereby the petition was partly allowed with costs and the respondent Subhash was directed to pay maintenance @ Rs. 5007-per month to the petitioner/appellant from the month of filing of the petition i.e. from February 1999 on wards.

(2.) The appellant filed a petition under section 18B and 20 of Hindu Adoption & Maintenance Act, 1956. The contention of the appellant is that she was married to respondent Subhash on 2.5.1980 at Rahuri, District Ahmednagar. Two children Sandip and Sumit were born out of the wedlock. Both the children were residing with the respondent Subhash, who is native of Ahmednagar. Respondent is serving in the Maharashtra State Road Transport Corporation. The parties got separated from each other in the month of September 1993. The appellant started residing thereafter at Pune along with her relatives. The parties contested various petitions including custody, separation and maintenance proceedings under section 125 of the Criminal Procedure Code in the Family Court, Pune. The petitioner contends that after marriage the respondent and her relatives were insisting for dowry gifts. According to the petitioner the respondent is a short tampered person. He used to insult and beat the petitioner time and again. He was addicted to liquor and under the influence of liquor he used to abuse and ill treat her. In laws were demanding valuables and articles from her. The petitioner could not tolerate ill treatment beyond certain limits.

(3.) It is submitted that the appellant had no source of income. She is educated upto VIIIth Std. She has to maintain herself. She was suffering due to health problems. According to the appellant, the respondent was serving in Corporation and drawing salary to the tune of Rs. 10,000/- to Rs. 12,000/- at the relevant time. He had no dependents except the children. He owns a big house at Ahmednagar, therefore she claimed maintenance of Rs. 3,000/- per month.