RUTUJA RAJESH SURVE Vs. RAJESH YASHWANT SURVE

JUDGEMENT

(1.) The present appeal arises against the order of the Learned Judge of the Family Court No. 4, Pune (P. A. No. 609/2003) on a petition for divorce filed by the Appellant (wife) against the Respondent (husband). The brief facts are that the Appellant filed petition for divorce on the ground of mental and physical cruelty which was granted by the Learned Judge of the Family Court. The Appellant further claimed a sum of Rs. 63,000/, which according to her was taken by him and his parents out of her salary when she was staying with them, and rather than being applied for the family needs was used by them to finance their vices. Additionally, the Appellant claimed custody of their minor child and also permanent alimony for herself and for her minor child. The Learned Judge in his judgment, delivered on 28.10.04, having heard arguments and oral evidence for both sides, granted the divorce on the ground of physical and mental cruelty, u/s 13(1)(ia) of the Hindu Marriage Act, 1956, to the Appellant and also granted her custody of the minor child. The Learned Judge however saw no substance in the claims for Rs.63,000/or permanent alimony for the Appellant herself, as she was a salaried person. However, he directed the Respondent to pay Rs.800/p. m. to the Appellant for maintenance of the minor child, as both spouses are equally responsible for maintenance of the child. It is against these findings that the present appeal comes before us.

(2.) At the outset, the learned Advocate for the Appellant has informed the Court that he has instructions to restrict the Appeal only as regards the direction to the respondent to pay Rs.800/per month to the Appellant for maintenance of the child. On behalf of the Appellant it is contended that an amount of Rs.800/is insufficient to meet even 50% of the expenses of the child.

(3.) Section 26 of the Hindu Marriage Act, 1956 gives the Court the power to make such provisions for the custody, maintenance and education of the child as it may deem "just and proper. " The settled position of law on the matter is that the welfare of the child is the paramount consideration for the Court, though other matters such as income of both parents, needs of the child and the like may also be considered.