Decided on October 28,1983

SHILA Appellant
TUNGAL SINGH Respondents


Avadh Behari - (1.)This is an appeal by a divorced wife against the respondent who was married to her. The claim is for permanent alimony of Rs. 150.00. p.m. u/s 25 of the Hindu Marriage Act (the Act).
(2.)These are the facts. The appellant Sheela was married to the respondent Tungal Singh on 17.6.70. In 1979 the wife brought a petition for divorce against the husband on the ground of desertion and cruelty. She was able to prove both. So the ADJ granted a decree of divorce dissolving the marriage of the parties.
(3.)Sheela made a claim for permanent alimony. This was negatived by the learned judge on two grounds. Firstly, the judge held held that the income of Singh was only Rs. 328.00. p.m. and he had to maintain himself and the two children of the marriage. She felt that the salary amount was hardly sufficient for the maintenance of the father and his two sons and therefore did not award anything to Sheela. Secondly the judge held that Sheela was quite young and granting of permanent alimony would amount to depriving her of the chance of resettling in life. So on the ground that it was not a fit case for grant of permanent alimony, the learned judge refused to make an award in her favour. From this order dated 1.7.82 Sheela appeals to this court, [In para 4, S. 25 is reproduced].

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