X Vs. Y

JUDGEMENT

(1.) Considering the factual controversy, we have directed that the names of the parties shall be masked in this Judgment. The husband will be referred to as "X" and the wife will be referred to as "Y".

(2.) Though the submissions were concluded on 6 th May 2016, considering the very peculiar facts of the case, we decided to give sufficient time to the parties to reconsider their position and to arrive at an amicable settlement. Looking to the peculiar facts of the case, we were of the view that an amicable settlement is the only way out to resolve the matrimonial dispute and that is why we decided not to pronounce the judgment for few months after conclusion of the hearing.

(3.) These two Appeals take exception to the judgment and decree dated 26th March 2008 passed by the learned Judge of the Family Court at Bandra, Mumbai, on a Petition for divorce filed by the husband on the ground of cruelty under Clause (ia) of Sub-section (1) of Section 13 of the Hindu Marriage Act, 1955 ( for short "the said Act"). By the impugned decree, the learned Judge dismissed the Petition for divorce filed by the husband. The prayer for maintenance made by the wife was rejected. The learned Judge directed the husband to pay maintenance of Rs.5,000/- per month each for the benefit of the minor daughter Hemisha and minor son Bhavik till they attain the age of majority. The maintenance was made payable from the date of the impugned decree. Family Court Appeal No.66 of 2008 has been preferred by the husband. Family Court Appeal No.136 of 2008 has been preferred by the wife, inter alia, for challenging that part of the decree by which the maintenance was denied to her. A prayer is made in the said Appeal for directing the husband to pay maintenance at the rate of Rs.3,000/- per month as per the interim order dated 3 rd March 2006 passed by the Family Court.