IMPORTANT POINT
Unless decree of divorce is passed, Matrimonial Court has no jurisdiction to grant relief under Section 25 of Hindu Marriage Act.

A.S. Oka, J.—Considering the factual controversy, we have directed that the names of the parties shall be masked in this Judgment. The husband will be referred to as “X” and the wife will be referred to as “Y”.

2. Though the submissions were concluded on 6th May 2016, considering the very peculiar facts of the case, we decided to give sufficient time to the parties to reconsider their position and to arrive at an amicable settlement. Looking to the peculiar facts of the case, we were of the view that an amicable settlement is the only way out to resolve the matrimonial dispute and that is why we decided not to pronounce the judgment for few months after conclusion of the hearing. We had kept the matter for directions on 27th October 2016 when the wife and her Advocate could not appear. We gathered from the learned counsel appearing for the husband that after submissions were concluded, there was no progress in the settlement. Therefore, we have no option but to pronounce the judgment.

3. These two Appeals take exception to the judgment and decree dated 26th March 2008 passed by the learned Judge of the Family Court at Bandra, Mumbai, on a Petition for divorce filed by the husband on the ground of cruelty under Clause (ia) of Subsection (1) of Section 13 of the Hindu Marriage Act, 1955 (for short “the said Act”). By the impugned decree, the learned Judge dismissed the Petition for divorce filed by the husband. The prayer for maintenance made by the wife was rejected. The learned Judge directed the husband to pay maintenance of Rs.5,000/per month each for the benefit of the minor daughter Hemisha and minor son Bhavik till they attain the age of majority. The maintenance was made payable from the date of the impugned decree. Family Court Appeal No.66 of 2008 has been preferred by the husband. Family Court Appeal No.136 of 2008 has been preferred by the wife, inter alia, for challenging that part of the decree by which the maintenance was denied to her. A prayer is made in the said Appeal for directing the husband to pay maintenance at the rate of Rs.3,000/per month as per the interim order dated 3rd March 2006 passed by the Family Court.

4. The marriage between the parties was solemnized on 9th November 1986 in accordance with Hindu Vedic Rites. There are three children born to the wife. The son Hemal was born on 22nd May 1988. The daughter Hemisha was born on 1st May 1989 and the youngest child Bhavik was born on 5th July 1995. The Petition was filed by the husband on 26th December 1997. As far as the grounds of cruelty are concerned, the husband has specified the said grounds in Paragraph 5 of the Petition. The said grounds read thus:

“(a) That after initial period i.e. about 1 year or so of the marriage, the Respondent started picking up false quarrels with the parents of the Petitioner for no reason whatsoever;

(b) That the Respondent never wanted to mix up with the family and society of the Petitioner and always insisted upon him to get his parents separated from him; since he refused to do so; the Respondent also started picking up quarrels with him also for no reason.

(c) That due to above reasons, the Respondent adopted non-cooperative attitude in the house by not doing or assisting his household work like cooking and maintaining the home as she had not to do washing, cleaning etc.

(d) That the Respondent developed habit of going away to her parents very often without consent or even telling to him or his mother and especially when there are quests in the family.

(e) That the Respondent to frustrate the Petitioner, refused to and in fact failed to take proper care of the children also.

(f) That all her acts are not enough, the Respondent stopped keeping warmth and material relations with the Petitioner and also neglected him in all aspect of life as if strangers have been staying under the one roof; since about 12 months past.

(g) That the Petitioner, except his business and family affairs, has no other a