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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
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 agricul
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-divo....
Prolonged separation over 20 years establishes irretrievable breakdown (dead wood marriage), warranting divorce; permanent alimony of Rs.50 lakhs fixed balancing husband's finances and wife's/daughte....
Divorce – Father is duty bound to maintain his child irrespective of income of mother,
Permanent alimony quantum under Section 25 fixed without formula, balancing husband's current/future income/capacity against wife's/child's needs, status, inflation, life expectancy; prior payments a....
Quantum of Permanent alimony – Post-divorce, wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of marriage – Obligation of husband to ensure ....
The court held that the existence of sufficient grounds for divorce must be demonstrated, alongside appropriate permanent alimony reflecting the spouse's standard of living prior to separation.
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....
A marriage may be dissolved when irretrievable breakdown is evident, especially where cruelty is established, and financial obligations for maintenance must be assessed equitably.
Divorce – A dead marriage can be given a decent quietus while protecting interest of divorced wife by granting her a decent alimony.
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