The court increased permanent alimony and maintenance amounts to reflect the financial capacity of the husband and the needs of the daughters, emphasizing the importance of adequate support post-divorce.

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 No. C-24/2008, appellant/wife and two daughters claimed maintenance of Rs. 10,000/- each per month from the respondent contending that the respondent is lecturer by profession and he is getting Rs. 40,000/- salary per month. He is having three houses from which he is getting rent of more than Rs. 10,000/-. He also possesses 3 Acres of agricultural land from which he is getting income of more than Rs. 5,00,000/-. In all total yearly income of the respondent is Rs. 10,00,000/- and he can easily pay maintenance amount claimed by wife and daughters.

4. By filing say, husband opposed the petition contending that wife has completed B.Ed course and has also completed 1^st Year M.Sc. She being educated lady is able to maintain herself. She is taking classes of school going boys and girls and is earning Rs. 10,000/- to 15,000/- per month. Wife and daughters have already claimed maintenance under section 125. He has shown willingness to bear education expenses of both the daughters. For the academic year 2007-08 he has already deposited fees of the daughters. Wife, however, refused to accept the financial support for the daughters for academic year 2008-09. He is ready to bear the said expenses. He is working in Vasantrao Naik College as Head of the Department and is earning Rs. 18,000/- per month after deductions. It is contended that neither he has household property nor he gets rent of Rs. 10,000/-. He does not have any agricultural land.

The Family Court directed the husband to pay maintenance @ Rs. 3500/- per month each to daughters from 01.01.2010. Maintenance to the wife is rejected in view of order for payment of permanent alimony to her passed in Divorce Petition No. A-157/2008. The wife, therefore, has filed above referred two appeals.

For the sake of convenience, the appellant is hereinafter referred to as ‘Wife’ and respondent as ‘Husband’.

5. At the time of final hearing, wife filed purshis on 10.11.2025 restricting her claim to the extent of enhancement of maintenance amount and permanent alimony awarded to her by the Family Court. Since the wife has given up the challenge to the divorce decree, the only question before us is whether the Family Court is justified in awarding permanent alimony of Rs. 3,50,000/- to the wife and maintenance @ Rs. 3,500/- each to the daughters?

6. Heard learned advocate for the wife and learned advocate for the husband at length. Perused the pleadings of the parties, evidence on record and the affidavits of assets and liabilities filed by both the parties.

7. The Family Court has recorded common evidence in both the petitions. We have scrutinized the evidence to the extent of maintenance and permanent alimony awarded by the Family Court.

8. By filing affidavit in lieu of chief examination, the wife has reiterated pleadings o