RAHUL BHUPINDER LUTHAR Vs. RASHMI RIA RAHUL LUTHRA

JUDGEMENT

(1.) With the consent of learned Counsel appearing for both sides, these appeals are decided finally at the admission stage itself. Both the appeals are accordingly admitted. Respective learned Counsel appearing for the parties waive service.

(2.) Both these appeals are directed against the judgment and order passed by the Family Court in Petition No. A-2441/ 2007 by which the Family Court dissolved the marriage by a decree of divorce by mutual consent and granted Rs. 8,000/- per month to the wife and Rs. 4,000/- per month to the daughter towards their maintenance from the date of the petition.

(3.) The wife instituted the said petition before the Family Court at Bandra, Mumbai against her husband for a decree of divorce under section 27(d) of the Special Marriage Act, 1954 on the ground of cruelty. The marriage between the appellant and the respondent was solemnised on 16th November, 2005 at Bandra, Mumbai under the Special Marriage Act, 1954. Out of the said wedlock, a female child xnz. Tiesha was born on 27th November, 2006. The custody of the said child is with the wife. During the pendency of the said petition, the parties entered into consent terms by which it was decided to take divorce by mutual consent and the question about maintenance and stridhan was agreed to be decided on merits by the Family Court. The Family Court accordingly decided the question regarding upturn of stridhan as well as the claim of the wife regarding maintenance for herself and her daughter. By the impugned order, the learned trial Judge passed a decree dissolving the marriage by mutual consent. The prayer of the wife regarding return of stridhan was rejected by the learned trial Judge. So far as the question of permanent alimony is concerned, the learned Judge of the Family Court directed the husband to pay Rs. 8,000/- per month to the wife and Rs. 4,000/- to the daughter towards maintenance payable from the date of the petition i.e. 20th November, 2007. It is the aforesaid order of the Family Court, Mumbai, dated 17th February, 2009, which is impugned at the instance of the husband in Family Court Appeal No. 91 of 2009, to the extent of seeking reduction of the maintenance at Rs. 2,000/- per month.