1 fca72.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 72 OF 2010. Mr. Gautam Pandurang Nage .. Appellant. V/s. Mrs. Lata Gautam Nage .. Respondent. Mr. B.G. Tangsali for the Appellant. Mrs. Neeta Chakravarty for the Respondent. CORAM : B.H. MARLAPALLE AND A.A. SAYED, JJ. DATED : 20TH SEPTEMBER, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. This appeal filed under section 19 of the Family Courts Act 1984 arise from the judgment and order dated 29-11-2006 rendered by the Family Court at Mumbai, thereby allowing partly petition No. C-212/2000 filed by the respondent-wife. The operative part of the order reads as under: “The Respondent/Gautam Nage do pay maintenance of Rs. 2,000/- per month to the Petitioner/Lata Nage from the date of this Order with costs on him throughout. 2 fca72.10.sxw The respondent/Gautam Nage do take steps of providing a suitable single tenement/accommodation on leave and license basis to the Petitioner/Lata Nage, within two months from the date of this Order, failing which the Petitioner shall be entitled to enforce this direction through process of Law.“ 2. Mr. Tangsali, the learned Counsel for the appellant-husband at the outset submitted that the appellant has been paying maintenance as per the impugned order but he has not taken any steps to provide a suitable single tenement/accommodation on leave and license basis to the respondent-wife during the last 4 years. 3. The respondent-wife in her petition before the Family Court had claimed maintenance under Section 18 of the Hindi Adoption and Maintenance Act 1956. She stated before the Family Court that the marriage between the parties was performed on 26th June, 1995 as per the Buddhist rites and rituals. The husband had right from the beginning humiliated and tormented her by casting aspersions on her character. He started abusing her physically and mentally and made her life miserably. She tolerated the cruel treatment meted out to her for a period of about 6 years before she was driven out from the matrimonial home some time in the year 2000. The appellant husband has not made any attempts to take her back to the matrimonial home nor provided her maintenance. 3 fca72.10.sxw The appellant filed his written statement at Exh.9 and contested the maintenance petition. About his monthly salary he admitted that it was about Rs. 7000/- but submitted that he had to support 3 other members of his younger brother’s family, who was unemployed. The Court has considered the averments and evidence of respective parties and held that the wife had proved that the husband was responsible for her leaving the matrimonial home and she had reasonable apprehension in her mind that to continue to stay in the matrimonial home would be harmful or injurious to her life. The family Court considered the oral depositions of both the parties and the following statement made by the wife in her cross-examination, “ The categorical statement is made that since she was abandoned by the Respondent he called for conciliatory meeting and took her back. She further testified that after the year 2000 neither the respondent nor anybody from his side came to take her back though all the while she was waiting for him” 4. In our opinion, the Family Court did not commit any error in holding that the wife had proved her charges of illtreatment forcing her to leave the matrimonial home and that she was justified in staying away from her husband. While considering the quantum of maintenance amount, the Court noted that the husband had admitted in his depositions that he was drawing the salary of Rs. 8000/- per month and his plea that he had to support his brother’s children was disbelieved. The younger brother was major and married and theretofore, he ought to support his own family. We are 4 fca72.10.sxw therefore, satisfied that the impugned order does not call for any interference in this appeal. 5. Hence the appeal fails at the threshold and the same is hereby dismissed. (A.A.SAYED,J.) (B.H. MARLAPALLE, J.)