COL. PAWAN KUMAR SHARMA (RETD) Vs. SMT. BHAVAN SHARMA
LAWS(SC)-2018-11-125
SUPREME COURT OF INDIA
Decided on November 30,2018

Col. Pawan Kumar Sharma (Retd) Appellant
VERSUS
Smt. Bhavan Sharma Respondents

JUDGEMENT

- (1.) The judgment dated 25.10.2016 passed by the High Court of Himachal Pradesh, Shimla, in FAO No. 420 of 2009 is called in question by Col. Pawan Kumar Sharma, husband of respondent herein. By the impugned judgment, the High Court allowed the appeal filed by the petitioner herein (i.e. Pawan Kumar Sharma) by concluding that the marital ties of the petitioner and the respondent (Smt. Bhavan Sharma) are broken down irretrievably. Consequently, the High Court has ordered that the marriage between the petitioner and the respondent be dissolved subject to petitioner paying permanent alimony to the respondent to the extent of 35% of the pensionary benefits every month. It is also ordered by the High Court that the petitioner was directed to make fixed deposits of Rs. 5,00,000/- each in favour of two daughters (born out of the wedlock) for the expenses of their marriage.
(2.) The Trial Court had rejected the divorce petition filed by the petitioner herein which is set aside by the impugned judgment as mentioned supra.
(3.) The husband has filed SLP (C) Nos.17337-17338 of 2017 seeking setting aside the direction issued by the High Court regarding payment of permanent alimony whereas Smt. Bhavan Sharma/wife has filed Diary No. 41046 of 2018 for setting aside the judgment an order passed by the High Court dissolving the marriage. Both the appeals are heard together.;


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