KU ASMITA D/O SUDHAKAR WANKHEDE Vs. SUDHAKAR TULSHIRAM WANKHEDE
HIGH COURT OF BOMBAY
Ku Asmita D/O Sudhakar Wankhede
Sudhakar Tulshiram Wankhede
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(1.) This is an appeal preferred against judgment and order dated 16th September 2005 passed in Special Civil Suit No. 83 of 2002 by the Adhoc Additional District Judge, Amravati.
(2.) Appellants are the original plaintiffs and respondent is the original defendant. Appellants are the daughters of the respondent. The appellants filed a suit for maintenance under Section 20 of the Hindu Adoption and Maintenance Act against the respondent being Special Civil Suit No. 83 of 2002. It was their contention that they were residing along with their mother who was estranged from the respondent about nine years prior to the filing of the suit. The suit was filed on 26.4.2002. They contended they were studying at that point of time in 10th and 7th standard and required considerable amount of money for their education, day-to-day maintenance, expenses, books, means of conveyance etc. They contended that since about nine years prior to the filing of suit, the respondent, inspite of being father, did not care for the appellants and never sent any remittances to enable them to meet their expenses on account of receiving education and day-to-day existence. They submitted that their mother was somehow or the other managing to maintain them from out of her paltry income but, she was not able to bear entire expenses of the appellants. Therefore, the appellants claimed from their father i.e. respondent a portion of their expenses towards maintenance @ Rs. 3000/- and Rs. 2500/- per month for appellants No. 1 and 2 respectively. They also claimed arrears of maintenance of Rs. 60,000/- @ Rs. 1000/- for both the appellants for first five years of separation and Rs. 1,08,000/- @ Rs. 3000/- per month for both the appellants for three years immediately before filing of the suit.
(3.) The suit was resisted by the respondent who put entire blame upon the mother of the appellants for their separation from the respondent. He submitted that till March 2002, he provided maintenance to them @ Rs. 1000/- per month towards their education and monthly expenses. He also submitted that he was not liable to pay any arrears of maintenance.;
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