KUMARPAL HASTIMAL JAIN Vs. PRITI KUMARPAL JAIN

JUDGEMENT

(1.) THE original respondent has preferred this appeal, challenging the judgment and order dated 3.4.2014 of the Family Court at Bandra, in M.J. Petition No. C -58/2012. By the impugned judgment, the Family Court has allowed the wife's petition for maintenance to herself and her daughter at the rate of Rs. 6,000/ - and Rs. 2,000/ - per month, respectively, under Sections 18 and 20 of Hindu Adoption and Maintenance Act, 1955.

(2.) BRIEF facts of the appeal can be stated as follows: -

(3.) THIS order of the trial Court is challenged in this appeal by appellant, by submitting that without there being any just and sufficient cause for respondent to reside separately from him, Family Court has awarded maintenance to her and the child. According to appellant, he is not having any source of income and hence he was even unable to contest the petition fled by respondent before the Family Court. His application seeking legal aid was dismissed by the Family Court without assigning any cause. The impugned order passed by the Family Court, therefore being ex -parte is liable to be quashed and set aside. Secondly, the appellant has urged that respondent wife herself is earning income. She is running cooking classes and institute where the students are taught how to prepare bakery products and cake functionaries etc. She sells it and do marketing of the same. She is having her own website "www:/cakesandcandies.com" in her name. Hence according to appellant on this ground also Family Court should have rejected the respondent's claim for maintenance. Now the marriage is broken irretrievably and therefore, he is ready to give divorce, however, not ready to pay maintenance, as awarded by Family Court.