DHANSHOBHA VASUDEO HADKAR Vs. VASUDEO G. HADKAR

JUDGEMENT

(1.) THE instant First Appeal is directed against the judgment and order dated 23rd November 1989 passed by the Family Court at Bombay on the Notice of Motion No. 1970 of 1989 in M.J. Petition No. 204 of 1977. Briefly stated, the facts which give rise to the present Appeal are as under:

(2.) THE Appellant had filed a Petition being M.J. Petition No. 3237 of 1972 for restitution of conjugal rights. On 14.3.1974, a decree was passed in her favour. As there was no resumption of the conjugal rights between the parties, the respondent husband filed a petition for divorce on the ground that there was no resumption of cohabitation between the parties for a period of two years after the passing of the decree for the resumption of conjugal rights in the proceeding to which they were parties. On 28th April 1977 a decree of divorce was accordingly passed. The amount of alimony was fixed at Rs. 125/ - per month for the period commencing from 1.5.1977.

(3.) THE said Chamber Summons was allowed and upon perusal of the affidavits and counter -affidavits filed by both the sides, the learned Judge of the Family Court by his order dated 23rd November 1989 enhanced the amount of maintenance from Rs. 125/ - to Rs. 225/ - per month from the date of Notice of Motion i.e. 28th March 1989. It is this order dated 23rd November, 1989 which is impugned in the present Appeal.