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2009 Supreme(UK) 368

B.S.VERMA, PRAFULLA C.PANT
JAYA KANDWAL – Appellant
Versus
KHUSHIRAM KANDWAL – Respondent


Advocates:
For the Appellant :Mr. Lalit Sharma, Advocate.
For the Respondent:Mr. R.P. Nautiyal, Advocate.

Judgment

[Per : Hon’ble Prafulla C. Pant, J. (Oral)]

This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 16th of May 2007, passed by Principal Judge, Family Court, Dehradun, in Suit No. 355 of 2005, whereby the said court has awarded maintenance at the rate of Rs. 3,000/- per month to the appellant and her daughter. The appellant has sought enhancement of the maintenance awarded by the trial court under Section 18 of the Hindu Adoptions and Maintenance Act, 1958.

2. Heard learned counsel for the parties and perused the lower court record.

3. Brief facts, giving rise to this appeal, are that the appellant got married to respondent on 25.05.1994, at Dehradun. After the marriage, she started living with her husband at Haridwar, i.e. place of his posting. Out of the wedlock a female child was born on 16.10.1995. The appellant has alleged in the petition moved under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, for maintenance at the rate of Rs. 20,000/- per month that her husband (respondent) treated her with cruelty. She was forced to leave along with the daughter on 02.05.1997 house of the respondent












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