SHRAWAN RAOJI KOHADE Vs. MEERA

JUDGEMENT

(1.) BY this family court appeal, the appellant Shrawan challenges the judgment of the Family Court dated 27.08.2004 directing the appellant to pay a sum of Rs. 2,000/ - per month to respondent Meerabai towards maintenance, in addition to a sum of Rs. 500/ - per month, payable to the respondent Meerabai under Section 125 of the Code of Criminal Procedure.

(2.) RESPONDENT Meerabai was married to appellant Shrawan according to Hindu rites and customs. According to Meerabai, Shrawan started ill -treating her after 15 days of marriage. Meerabai pleaded in the petition filed by her under Section 18 of the Hindu Adoption and Maintenance Act that Shrawan threw her out of the house within four years and she is residing separately since 1983. The petition under Section 18 of the Hindu Adoption and Maintenance Act was filed in the year 1999 and it was stated therein that she had also filed an application under Section 125 of the Code of Criminal Procedure, in which Shrawan was directed to pay a sum of Rs. 500/ - every month. Meerabai had pleaded that she had no source of income and Shrawan was having a huge income. Meerabai claimed a sum of Rs. 5,000/ - per month for her maintenance and Rs. 10,000/ - towards the litigation expenses.

(3.) SHRI Sirpurkar, the learned counsel appearing on behalf of Shrawan, challenged the order of the Family Court and submitted that the Family Court was not justified in directing Shrawan to pay a sum of Rs. 2,000/ -per month to Meerabai towards maintenance in addition to a sum of Rs. 500/ -per month payable under the provisions of Section 125 of the Code of Criminal Procedure. It is submitted that Shrawan was 66 years of age at the time of filing of the petition and did not have any source of income at that time. It was stated that Shrawan ceased to work as Insurance Agent subsequently and was not in a position to pay even a sum of Rs. 500/ - per month to Meerabai. It is stated that the Family Court has not appreciated the evidence in the right perspective while directing Shrawan to pay a sum of Rs. 2500/ - per month to Meerabai. The learned counsel sought for the modification of the judgment.