G.S. Kulkarni, J.

1. This is an appeal of the minor child through his maternal uncle against his father - respondent, being aggrieved by the judgment and order dated 22nd October,2008 passed by the learned Judge, Family Court, Mumbai, awarding the appellant only an amount of Rs. 2,000/- per month towards maintenance.

2. The maternal uncle of the appellant in the capacity as guardian had filed a petition against the respondent-father under Section 20 of the Hindu Adoption and Maintenance Act inter alia praying that the respondent be directed to pay maintenance at Rs. 50,000/- per month which will cover the appellant's food, clothing, shelter, school fees and expenses connected with the schools, transport and medical expenses.

3. The respondent was married to the deceased mother of the appellant on 28.6.1998 which was solemnized in Rajasthan. On 19.9.1999 the appellant was born from the wedlock. On 5.12.2001 the mother of the appellant had received burn injuries and therefore, was brought to Mumbai on 10.12.2001. On 21.2.2002 the appellant's mother expired having succumbed to her burn injuries. It is the case of the appellant that the respondent did not take care for the medical expenses. Further the respondent did not take back the appellant alongwith him to Rajasthan or pay any money towards his maintenance.

4. The appellant's maternal uncle secured admission for the appellant in Indian Airlines Ideal School, IAC Colony, Kalina, Mumbai and was taking care of the appellant. The appellant through his maternal uncle Shri. Rakesh Kumar Geharilal Jain had filed a petition under Section 20 of the Hindu Adoption and Maintenance Act read with Section 7(i)(a) of the Family Court Act,1984 inter alia seeking maintenance and claiming certain other expenses. It was the case of the appellant before the Family Court that the appellant's deceased mother was given a grand marriage from her maternal side with a cash of Rs. 2 lakhs and gold ornaments of about 50 tolas worth about Rs. 2 lakhs, 2 kilograms of silver utensils, 141 silver coins, Sony colour TV, washing machine and various other household items as demanded by the respondent and his parents. On 30.6.1990, which was the day of reception held at Nathdwara, there further demands were raised for clothing material, CD Player, a necklace set of gold, a gold ring and cash of Rs. 10,000/- and a Maruti Van, when already huge amount was spent at marriage.

5. It was the case of the appellant that the appellant's deceased mother complained of ill-treatment at the hands of the respondent and his family members in regard to the demand for car in dowry and she was physically and mentally tortured. In the seventh month of her pregnancy, the appellant's deceased mother was unceremoniously sent back to her parental house at Mumbai with a threat that if the demand of the respondent was not met, she would not be taken back in the matrimonial house. The birth of the appellant did not make any difference in the attitude of the respondent and his family members. In fact, more demand for money was made on the ground that the business of the respondent was not doing well. There was physical harassment of the appellant's deceased mother which was noticed by the family members of the appellant's deceased mother in the function held on 3.12.2001 at Udaipur.

6. On 5.12.2001 the appellant's mother has received burn injuries as the respondent and family members had assaulted the appellant's deceased mother. She was admitted in the General Hospital at Udaipur and as there was no proper recovery, his family brought the deceased mother of the appellant to Mumbai by Air on 10.12.2001. At that time, the appellant was 2 years and 3 months of age. On 21.2.2002, the deceased mother succumbed to her injuries at Mumbai. The respondent did not pay the medical bills which amounted to about Rs. 3 lakhs nor did the respo