A Vs. B

JUDGEMENT

(1.) Considering the controversy in the Appeal, we have mashed the names of the parties and witnesses. The appellant/wife has challenged the impugned judgment and order dated 12th September, 2007 passed by the Family Court No.2, Mumbai in Petition No.A-1371 of 2002. The said petition was preferred by the respondent - husband seeking decree of divorce under clauses (ia) and (ib) of Section 13(1) of the Hindu Marriage Act, 1955 read with Section 26 of the Hindu Marriage Act, 1955 and Section 7(1) of the Family Court Act, 1984.

(2.) The aforesaid petition preferred by the respondent-husband was partly allowed. The marriage solemnized on 15th February, 1998 between the appellant (wife) and the respondent (husband) herein was dissolved by a decree of divorce. The Family Court further passed an order rejecting the prayer of the respondent - husband for custody of the child. The Family Court also directed the husband to pay Rs.4,000/- per month to the wife and Rs.3,000/- per month to the minor son towards their permanent maintenance payable from the date of the order. The claim of the Stridhan was however rejected. The said judgment and order dated 12th September, 2007 passed by the Family Court No.2, Mumbai is under challenge in this Appeal as stated hereinabove.

(3.) The brief facts as narrated in the divorce petition filed by the respondent - husband seeking divorce are as follows: