IMPORTANT POINT
An estranged wife is entitled to get maintenance from her husband.

A.R. Joshi, J.—Present appeal is preferred by the wife/original petitioner challenging the judgment and order passed in Family Court Petition No.C140/2001 by Family Court No.3, Bandra, Mumbai. The impugned judgment and order was passed on 17.7.2004 by which the prayer of wife for maintenance was rejected, however, the maintenance of Rs.l,000 per month was granted to the minor child, to be paid by the husband present respondent from the date of the order i.e. from 17.7.2004. The respondent/husband was also directed to pay Rs.1,000 towards the litigation expenses to the petitioner wife. The appellant wife is hereinafter referred to as the wife and the respondent husband is referred to as the husband for the sake of brevity.

2. The wife preferred petition for maintenance to herself as per the provisions of Section 18 and maintenance for her own daughter then aged about three years, as per the provisions of Section 20 of the Hindu Adoptions and Maintenance Act, 1956. An amount of Rs.1,500 was claimed by the wife for herself and an amount of Rs.l,000 for minor girl child, by name Priyanka. In the petition, it was also prayed that custody of the minor child shall be given to the wife permanently. Rs.4,000 was asked towards the litigation expenses.

3. In order to ascertain the merits of the present appeal, certain factual position is narrated as under alongwith the brief facts of the matter:

Marriage between the parties took place on 6.5.1996 as per the Hindu vedic rights. After marriage, both the parties started residing at Andheri, Mumbai at the Government Quarters of husband who was and is a Constable working in the Reserved Police Force. After the marriage, there used to be quarrels on flimsy ground as to the wife not preparing good food and very often visiting her parents. Even husband used to doubt the character of his wife. He was giving threats of dire consequences to the wife. At times, he used to assault her with fist blows and was not giving sufficient food. According to the wife, he used to give the ration items and was not allowing the wife to go out and purchase anything of her own. As such, she was compelled to maintain the family and carry out the daily needs regarding food, clothes etc. on the meagre material brought by the husband. In such scenario of disputes and quarrels, one child was born on 27.8.1997, however, it was a premature delivery. According to the wife, this happened because of malnourishment of her and immediately after the birth, said child expired. Thereafter also there was no change in the treatment given to the wife. Again for the second time, she became pregnant and gave birth to a female child on 18.7.1999. This is the child by name Priyanka, for whom the maintenance was asked.

4. According to the wife, because of giving birth to a female child, the husband became hostile and became more rude and did not approve that his wife had given birth to a female child. He continued quarrelling with his wife on small issues and also used to assault her. Sometime on 9.9.2000 there was more outburst of conduct of the husband and he started assaulting wife. She pleaded that she would not tolerate such beating any further. On this, husband gave more abuses to the wife and continued the beating. On that night at about 11 O’clock, he dropped the wife and the small child at the house of her parents. Since then, he did not bother to look after the wife and the child. As such, since September 2000 the wife started residing with her parents where her sister and brother were also staying. Except father nobody else was earning in the family of her parents and as such, it was difficult to bring the child. However, with the help of her parents, she could manage to survive.

5. It is a factual position that the Petition for maintenance was preferred sometime in June, 2001 and it was disposed of in July, 2004 and the said order is challenged by the wife, mainly asking for maintenance to herself and enhance