LINA BANERJEE Vs. PARAMESH BANERJEE
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
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(1.) Both these appeals, preferred under section 19 of Family Courts Act, 1984 are directed against the judgment and order dated 31.01.2012 passed by Principal Judge, Family Court, Dehradun, in Original Suit No. 75 of 2010, whereby said court has allowed the petition under section 13 of Hindu Marriage Act, 1955, and directed the respondent to pay one time lump sum alimony of Rs. 10,00,000/- under section 25 of the Act to the respondent (present appellant) with further direction to provide a flat, for herresidence, of value of Rs. 20-25 lac.
(2.) Heard learned counsel for the parties and perused the lower courtrecord.
(3.) Brief facts of the case are that Dr. Paramesh Banerjee (present respondent) filed a petition under section 13 of Hindu Marriage Act, 1955, against his wife Smt. Lina Banerjee (present appellant) on the ground that she treated the petitioner with cruelty. It has been stated in the petition that the petitioner Dr. Paramesh Banerjee got married to Smt. Lina Banerjee (present appellant) on 18.11.1991 following Hindu rites. A son (named Suprateek Banerjee) was born out of the wed-lock on 27.02.1995, who lives with his father. Earlier, on 16.07.2007 Dr. Paramesh Banerjee filed Suit No. 280 of 2007 for divorce but the same was withdrawn on jointrequest of the parties on 17.11.2007 as they decided to live together. The allegation made by the petitioner (husband) in the fresh divorce petition is that after withdrawal of said suit the appellant did not change her behaviour and the conjugal relationship could not be established since 17.11.2007 due to which the petitioner is living in mental agony. It is further stated in the petition that that the petitioner was a Senior Scientist with Himalaya Wadia Institute and the appellant was working as a teacher with Seven Oak School, Dehradun. It is alleged by the petitioner (husband) that his wife does not want to lead conjugal life with him and alleges that he is a mad man. At present the petitioner is working in Singapore as Geo Scientist. It is pleaded by the husband that due to the behaviour of the appellant he had to leave Wadia Institute, Dehradun. It is also stated in the petition for divorce that on 18.11.2007 the appellant slapped the petitioner and did not allow him to sleep in herroom and he was made to live in a separate room. It is also alleged by the husband that his wife did not care to look after whether he was getting proper food or not. He has further stated that after leaving job with Wadia Institute he took up temporary work with New Castle University, U.K. from where he has now shifted to Singapore and joined another job with Earth Observatory in Singapore. Pleading that it has become impossible for him to live with his wife, divorce is sought.;
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