D.B.BHOSALE, R.Y.GANOO
Nita alias Nathi Hitendrakumar Sakariya – Appellant
Versus
Hitendrakumar Kaluram Sakariya – Respondent
D.B. BHOSALE, J.
1. This Family Court Appeal under section 19 of the Family Courts Act, 1984, is directed against the Judgment and order dated 30.3.2005 passed by the Principal Judge, Family Court, Mumbai. By this judgment, a petition, filed by the respondent-husband, being Petition No.A-942 of 1997, has been allowed and the marriage of the appellant-wife and the respondent has been dissolved by a decree of divorce on the ground of cruelty, under section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (for short, “the Act”). While dissolving the marriage, the Family Court held that the appellant-wife is entitled to permanent custody of their son Aniket. The Family Court, however, has negatived the appellant’s claim of Stridhan and has directed the respondent to pay maintenance of Rs.2500/- per month each to the appellant and to their son Aniket.
2. The respondent has not challenged any part of the impugned Judgment, and, therefore, learned counsel for the parties have not addressed the court on the question of custody of Aniket.
3. The brief facts, which are relevant to dispose of this appeal, are recapitulated as under: The parties were married on 20.5.1994 at Sumerpur, Ra
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