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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Nitin B.Suryawanshi, Vaishali Patil Jadhav
Sow. Rajashree Sanjay Suryawanshi – Appellant
Versus
Sanjay Kashinath Suryawanshi – Respondent
| Table of Content |
|---|
| 1. grounds for divorce and claims for maintenance. (Para 1 , 2 , 3) |
| 2. wife's ability to maintain herself and husband's financial claims. (Para 4 , 8 , 12) |
| 3. consideration of maintenance amounts in light of evidence. (Para 6 , 7 , 10 , 13) |
| 4. adjustment of maintenance and alimony considering husband's income. (Para 11 , 14 , 15) |
JUDGMENT :
Nitin B. Suryawanshi, J.
1. These appeals filed under Section 19 of Family Court Act, 1984 by appellant/wife, challenge judgment and decree dated 19.04.2010 passed by learned Judge, Family Court, Aurangabad in Petition No. A-157/2008 filed by respondent/husband for divorce and Petition No. C-24/2008 filed by appellant/wife and daughters for maintenance.
2. Respondent/Husband filed Petition No. A-157/2008 before the Family Court under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 seeking divorce on the ground of cruelty. By the impugned judgment and decree, Family Court dissolved the marriage of appellant and respondent by granting decree of divorce and directed the respondent to pay sum of Rs. 3,50,000/- towards permanent alimony to the appellant. Custody of minor daughters was continued with the appellant.
3. By filing Petition
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The court held that a marriage can be annulled under Section 12(1)(C) of the Hindu Marriage Act if obtained through fraud, particularly when one spouse conceals crucial facts such as prior relationsh....
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