SHAKUNTALA PRALHAD VHATKAR Vs. PRALHAD BHIMRAO VHATKAR

JUDGEMENT

(1.) -

(2.) THIS Appeal is directed against the Order dated 31st January 1990 rejecting the application of the Appellant instituted under section 125 of the Criminal Procedure Code before the Family Court, Bombay. The Appellant had claimed the maintenance at the rate of Rs.500/- per month for herself and at the same rate for her four minor children.

(3.) FROM the evidence produced on record it transpired that the Appellant has taken charge of the entire matrimonial house at Dharavi and it is common ground that presently she is all alone in-charge and occupation of the same. It has been mentioned across the bar that the Appellant in fact has let out three different units to three families with a result that the Appellant gets large income by way of rents. The fact, however, remains and it transpires from the evidence on record that all the four children are no more with the Appellant and the Appellant also does not seriously dispute to-day before this Court that Respondent looks after the four children including their educational needs. Hence the question of granting maintenance to them does not arise.