HANUMANT K KAKADE Vs. SUMAN HANUMANT KAKADE

JUDGEMENT

(1.) THIS appeal arises from the judgment and order dated 5th February 2002 passed by the Family Court at Pune. The respondent wife for herself and daughter Monika had filed Petition No.C-112 of 1998 for maintenance under sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956. By the said order, the appellant was ordered to pay monthly maintenance of Rs.2,000/- to the wife from 1st December 2000 and in addition amount of Rs.2,000/- per month to the daughter since 1st December 2000 till her marriage or till she became capable to maintain herself from her own earnings.

(2.) AS per the appellant, the petition for maintenance was allowed by the Family Court by the impugned judgment solely on the ground that his petition for divorce was dismissed by the learned Civil Judge, Senior Division at Satara and as of now, the decree of divorce having been granted by the District Court in Regular Civil Appeal No.48 of 2001, the appellant is not required to pay any maintenance. It is further submitted that the decree of divorce granted by the District Court on 2nd April 2005 by allowing Regular Civil Appeal No.48 of 2001 has not been challenged by the respondent wife during the last about 4 years. He further submitted that respondent no.2 daughter is already married.

(3.) HENCE, the appeal is partly allowed and the impugned judgment and order is quashed and set aside. It is ordered that the respondent wife is not entitled to maintenance in terms of the impugned order with effect from April 2005 and the daughter is not entitled for maintenance from the date she was married, i.e. from 26th December 2005. However, the amount already paid, if any, for the period from April 2005 shall not be recovered from the wife.