VASUNDHARA ARYANI Vs. SANJAY KUMAR SHASHI
LAWS(ALL)-2006-4-70
HIGH COURT OF ALLAHABAD
Decided on April 25,2006

VASUNDHARA ARYANI Appellant
VERSUS
SANJAY KUMAR SHASHI Respondents

JUDGEMENT

- (1.) PRAFULIA C. Pant, J. This appeal, preferred under Section 19 of the Family Court Act, 1984, is directed against the judgment and decree dated 05-08-2005 passed in O. S. No. 679 of 2002 whereby mar riage between the appellant and re spondent No. 1 has been dissolved and a direction has been issued against the respondent to make payment of Rs. 6,00,000/- (Rupees Six Lacs only) to wards permanent alimony including Rs. 50,0007 - (Rupees Fifty Thousand only) in lieu of jewellary and other house hold items.
(2.) BRIEF facts of the case are that the respondent No. 1 got married to the appellant according to Hindu rites on 21-04-2000. However, the relations be tween the parties to marriage did not remain cordial and they stated living separately. Respondent No. 1 filed the petition for divorce under section 13 of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion before the Family Court, Dehradun. The ap pellant while contesting the said peti tion herself filed counter claim for de cree of divorce and also for permanent alimony of Rs. 60,00,000/ -. The trial Court after perusing the pleadings of the parties, framed the fol lowing issues: (1) Whether the petitioner is entitled to a decree of divorce on the facts alleged in the petition? (2) Whether the court had no juris diction to try the suit? (3) Whether the respondent (present appellant) is entitled to lump sum permanent alimony as claimed by her in the counter claim? (4 ). Whether the respondent (present appellant) is entitled to a decree of divorce as alleged in her coun ter claim? (5) To what relief, if any, the parties are entitled? After recording the evidence and hearing the parties, the Tribunal came to the conclusion that the marriage be tween the parties has irretrievably bro ken down and they are entitled to a de cree of dissolution of marriage as against each other. On issue No. 2, the trial Court held that it had jurisdiction to try the suit. On the point of perma nent alimony, the trial Court found that the respondent (present appellant)/wife is entitled to permanent alimony of Rs. 5,50,000/- (Rupees Five Lacs Fifty Thousand only) and also Rs. 50,000/- (Rupees Fifty Thousand only) in lieu of jewellery and other house hold articles. Aggrieved by the said impugned judg ment and order dated 05-08-2005, this appeal is preferred by the respondent (wife ).
(3.) WE have heard learned counsel for the parties and perused the record. Learned counsel for the appel lant at the out-set stated that he is not pressing this appeal as against the de cree of dissolution of marriage passed by the trial Court. The only point on which this appeal is pressed is the amount of alimony, which according to the appellant, is insufficient.;


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