A.M. KHANWILKAR, J.

The former appeal is directed against the impugned Judgment and decree passed by the Family Court, Mumbai in Petition No. A-2320/2007 whereby the prayer of the appellant-husband for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 has been dismissed.

2. The other appeal is against the Judgment and decree passed by the Family Court, Mumbai in Petition No.C-87/2008 providing for maintenance to the respondent-wife at the rate of Rs. 40,000/- per month including accommodation charges payable from the date of the order and direction to the appellant-husband to repay the loan amount to the daughter which she had taken for pilot training. The companion civil application is filed for interim relief of stay of operation of the impugned judgment and decree which is subject matter of challenge in the latter appeal.

3. Both the appeals were listed for admission. Before the appeals were heard for admission, the matters were kept in Chambers to explore the possibility of settlement between the parties. Initially, it appeared that the parties may be able to amicably resolve their disputes but eventually the parties requested the Court to hear the appeals for admission on merits as settlement was not possible.

4. Accordingly, both the appeals were listed for admission on 12th August, 2011. The Counsel argued the respective appeals for admission. Insofar as Family Court Appeal No. 36/2011 is concerned, we indicated to the parties that the same may have to be admitted and heard finally after the appeal becomes ready for hearing. As regards the latter appeal filed by the husband being FCA No. 38/2011, since the matter in issue was only with regard to the question of maintenance amount awarded by the Family Court, we heard both the parties at length. That appeal, we propose to dispose of finally by this order by consent.

5. Briefly stated, the appellant and respondent got married as per Hindu Vedic Rites on 12th November, 1986. Out of the said wedlock daughter Shraddha was born on 15th August, 1987. Later on son Siddhesh was born on 26th April, 1990. The parties, however, started staying separately due to their differences from 1999. The appellant, therefore, filed petition under Section 9 of the Hindu Marriage Act for decree of restitution of conjugal rights being Petition No. A-680/2001. The appellant, however, later on withdrew the said petition as he had reason to believe that the respondent was not willing to join him. He thereafter filed Petition No. A-2320/2007 on 13th September, 2007 for dissolution of marriage solemnized between the appellant and the respondent on the ground of cruelty and desertion. The Respondent on the other hand filed Petition No. C-87/2008 seeking maintenance for herself and her daughter and other consequential reliefs.

6. With regard to the issue of maintenance, the Family Court analyzed the evidence This petition came to be filed by the respondent-wife on 23rd April, 2008. adduced by both the parties and found as of fact that the respondent-wife was employed and getting salary of around Rs. 12,000/- per month. The Court also found that the daughter Shraddha was residing with her mother i.e. respondent-wife. Further, the respondent-wife alone was maintaining daughter Shraddha who had become major and also taking care of all her educational expenses. The son admittedly started staying with appellant-father. The Family Court has also found as of fact that daughter Shraddha who was staying with the respondent was pursuing Pilot Training Programme. For that, she had obtained loan of substantial amount to pay fees there for. The respondent-wife was not in a position to take the burden of the said education expenditure of Shraddha nor was in a position to pay the loan installments. The respondent was being helped by her mother and brother financially. The Court found that the respondent was not able to maintain herself with the limited salary drawn by her. The Fami