KS JHAVERI, J - (1.)We have heard learned advocates for both the sides.
(2.)The appellant - wife has challenged the judgement and decree dated 10.08.2009 passed by the Family Court, Ahmedabad in Family Suit No. 274 of 2002 whereby the divorce petition filed by the respondent - husband was allowed and permanent alimony of Rs. 1500/- and Rs. 2700/- per month was granted to the appellant - wife and minor son respectively from the date of judgement till the respondent - wife survives or remarries and the minor child would attain age of majority. It was also clarified that Rs. 800/- which was awarded as maintenance under Section 125 of the Criminal Procedure Code, 1973 to the respondent - wife shall remain in continuity.
(3.)It is the case of the appellant that she got married to the respondent on 26.01.1996 and one son was born out of the said wedlock. It was the case of the respondent - husband who filed the suit for dissolution of marriage before the family court that the appellant was adamant in nature, lazy and was non-cooperative. It was his case that the appellant did not do household work, did not prepare food and was self centered. It was his case that the appellant deserted the respondent and had caused physical and mental torture to the respondent - husband. However, it is the case of the appellant that the respondent was in the habit of demanding dowry under one or the other pretext. It is the case of the appellant that she was not allowed to visit her parental house and that the respondent - husband was an orthodox person who used to pick up quarrels with her on one or the other ground. The respondent thereafter filed Family Suit No. 274 of 2002 seeking decree of divorce against his wife-present appellant on the ground of mental cruelty and desertion. The court below allowed the petition against which the appellant has preferred the present appeal.