SHREYASHRI NIKHIL PHADKE Vs. NIKHIL SUHAS PHADKE

JUDGEMENT

(1.) The applicant has filed this application seeking stay to the impugned judgment and order granting decree of divorce, and also seeking directions for enhancement of the amount of maintenance granted by the Principal Judge, Family Court, Thane to Rs.1,50,000.00 per month towards the maintenance of applicant and her minor daughter-Shrinidhi. This application is filed pending the final decision in the appeal.

(2.) During the course of hearing the learned advocate for the respondent-husband informed this Court that, after grant of decree of divorce the respondent has already remarried. In view of the remarriage of the respondent, the prayer for stay to the impugned judgment and decree, would not survive, however, we may proceed to decide the prayer for maintenance.

(3.) It is the contention of the applicant that the impugned judgment has been passed by the learned Judge Family Court, without appreciating the evidence on record, thereby granting decree of divorce on the ground of cruelty and desertion. While granting the decree of divorce, notably no order granting maintenance in favour of the applicant has been passed by the learned Judge of the Family Court. Only meager amount of Rs.40,000.00 is granted towards the welfare of their daughter. It is the contention of the learned advocate appearing for the applicant that the applicant is residing on Leave and License basis for which she is required to pay an amount of Rs.20,000.00 per month. Her total outgoing expenses inspite of modest living standard is about Rs.1,06,500.00, she is receiving only an amount of Rs.40,000.00 per month towards maintenance of the minor child which is totally insufficient.