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2021 Supreme(Bom) 849

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Rajesh – Appellant
Versus
Yogita – Respondent


Advocates appeared:
Shri J.M. Shamkuwar, Advocate, for the Appellant / Shri A.K. Choube, Advocate, for the Respondent.

JUDGMENT

Pushpa V Ganediwala, J. - This is the husband's appeal filed under Section 19 of the Family Courts Act, 1984 (hereafter "Act of 1984", for short) challenging the judgment and decree dated 28/07/2015 passed by the Family Court - 2, Nagpur in Petition No. C-86/2010, which was filed under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereafter "the Act of 1956", for short) for the grant of maintenance.

The brief facts necessary to decide the present appeal are as under :

2. The marriage between the parties was solemnized on 28/02/2002 at Nagpur as per the custom prevailing in their community. Out of this wedlock, they are blessed with two sons, viz., Mihir and Chirag, born on 27/11/2002 and 02/12/2006 respectively, who are presently in the custody of the appellant/ husband. The couple is residing separately since 2010.

3. The respondent/ wife filed three petitions before the Family Court, Nagpur ;

i) Petition No. D-19/2020 under Section 25 of the Guardians and Wards Act, 1890, for custody of the children;

ii) Petition No. C-86/2010 under Section 18 of the Act of 1956 for maintenance of Rs. 20,000/- (rupees twenty thousand) per month and ;

iii) Petition No. E-356/2010

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