PRAMILA MOHANTY Vs. BANABIHARI MOHANTY

JUDGEMENT

(1.) Both the aforesaid appeals have been filed under Section 19 of the Family Courts Act, 1984 challenging the judgment dated 7.1.2002 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 269 of 2000. Civil Appeal No. 7 of 2002 has been filed by the wife and children for enhancement of the amount of maintenance whereas Civil Appeal No. 11 of 2002 has been filed by the husband to set aside the impugned judgment.

(2.) Since both the appeals arise out of the same judgment, they were heard together and are disposed of by this judgment, which will govern both the cases.

(3.) Appellant No. 1 and respondent in Civil Appeal No. 7 of 2002 are wife and husband respectively. Appellants 2 to 6 are their children. The wife and children (Appellants in Civil Appeal No. 7 of 2002) filed a petition under Sections 18 and 20 of the Hindu Adoption and Maintenance Act before the Family Court claiming monthly maintenance, cost of seperate residence and marriage expenses of appellants 2 to 6. Their case is that appellant No.1 married the respondent according to Hindu rites and customs and led their conjugal life. To their wedlock, one son and five daughters were born. Due to dissension in the joint family of the husband, parties shifted their residence to a nearby village and resided there in a rented house. The respondent is a Government servant. He was continuously visiting his wife and children and taking their case till the year 1997. It is alleged by the appellants that from the year 1997, the respondent did not visit them, nor did he take care of them. He also did not provide anything for their maintenance. They have no means or source of income. The husband is getting Rs. 15,000/- per month as salary but is neglecting his wife and children.