Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2580 OF 2009
(Arising out of S.L.P. (C) No.10847 of 2006)
Medha Ashok Panchabhai ...Appellant(s)
Versus
Ashok Atmaram Panchabha ...Respondent(s)
O R D E R
Leave granted.
The appellant and respondent were married on 7.2.1988 and a daughter,
who was, later on, named as Aditi, was borne to them on 7.3.1993. After nine years of
the marriage, the appellant filed a petition under Section 13(1) (i-a) of the Hindu
Marriage Act, 1955 (for short, ‘the Act’) for grant of divorce. She pleaded desertion
and cruelty as the grounds for divorce. The respondent denied all the allegations and
pleaded that the appellant had deserted her and caused mental cruelty. The Trial
Court framed three issues, two of which related to desertion and cruelty. After
considering the evidence produced by the parties, the Trial Court decided the issues
of desertion and cruelty against the appellant but granted divorce on the ground that
both the parties were desirous of dissolving the marriage and relations between them
were such that there was no possibility of reunion in
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future. Accordingly, the Trial Court allowed the petition filed by the appellant and
passed a decree of dissolution of marriage with a direction to the respondent to pay
lumpsum amount of rupees thirty thousand to the appellant towards permanent
alimony under Section 25 of the Act for herself and her daughter Aditi.
Feeling aggrieved by the findings recorded by the Trial Court on the issues
of desertion and cruelty, the appellant filed an appeal which was partly allowed by the
th
5 Addl. District Judge, Nashik. The Appellate Court held that the respondent had
subjected the appellant to cruelty but confirmed the finding recorded by the Trial
Court on the issue of desertion. The Appellate Court also set aside the direction given
by the Trial Court regarding payment of rupees thirty thousand towards permanent
alimony to the appellant and her daughter and held that the same would be confined
to the appellant. The second appeal preferred by the appellant in the matter of
permanent alimony was allowed by the High Court and it was declared that the
petitioner shall be entitled to permanent alimony of rupees two thousand per month
including the maintenance of minor daughter with effect from the date of application
for divorce. Feeling dissatisfied, the appellant has filed this appeal by special leave.
Learned counsel for the appellant argued that permanent alimony granted
by the High Court is very meager and the same is wholly insufficient for sustaining
the appellant and her daughter. She fairly admitted that her client is receiving rupees
one thousand five hundred per month by doing a temporary job but submitted that
keeping in view the income of the respondent, the High Court should have awarded
higher amount by way of permanent alimony.
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The respondent, who has appeared in person, stated that his present salary
is rupees twelve thousand per month. He also gave out that after divorce, he has
contracted second marriage and has a daughter from that marriage.
We have considered the respective submissions. Taking into the
consideration the quantum of monthly earnings of the appellant and respondent as
also the need of their respective families, we are of the view that it would be just and
expedient to fix the quantum of permanent alimony payable to the appellant and her
daughter at the rate of rupees four thousand per month.
Accordingly, the appeal is allowed in-part and the impugned order is
modified by directing that respondent shall pay maintenance at the rate of rupees
four thousand per month to the appellant and daughter from the date of filing the
petition for divorce.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
April 13, 2009.