T.V. Nalawade, J.

1. Family Court Appeal No.31 of 2017 is admitted.

2. Family Court Appeal No.29/2009 is filed by original petitioner, wife to challenge the judgment and decree of Proceeding No. C-26/2006 which was pending in Family Court Aurangabad. The challenge is limited only to the quantum of maintenance. Family Court Appeal No.20/2011 is filed by the husband to challenge the decision given Family Court in Proceeding No. A-261/2006 which was filed by wife under section 10 of the Hindu Marriage Act for judicial separation. Decree of judicial separation is given in favour of the wife on the ground of cruelty. Proceeding No.A-261/2006 and No. C-26/2006 were decided by Family Court Aurangabad by common judgment but the husband has not challenged the decree given of maintenance under the provision of Hindu Adoption and Maintenance Act. Both the sides are heard. Original record was called and that record is perused by this Court.

3. The submissions made and the record of the proceeding of Family Court Appeal No.31/2017 pending before this Court shows that on the basis of decree given to the wife of judicial separation, she had claimed divorce under the provision of sections 1