RAJ BALA Vs. KRISHAN AVTAR KAUSHIK
LAWS(P&H)-2011-7-109
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 12,2011

RAJ BALA Appellant
VERSUS
Krishan Avtar Kaushik Respondents

JUDGEMENT

JITENDRA CHAUHAN, J. - (1.) THE appeal in hand has been filed by the wife against the impugned judgment and decree dated 19.09.2000, vide which, Smt. Raj Bala, appellant, was awarded a sum of Rs. 2,500/ - per month as permanent alimony from 16.04.1998 to 25.08.1999.
(2.) THE admitted facts are that the parties were married on 27.02.1979. They could not live together. Smt. Raj Bala, appellant, filed petition under Section 13 of the Hindu Marriage Act, for the grant of decree of divorce, which was allowed on 16.04.1998.
(3.) THE appellant filed this petition under Section 25 of the Hindu Marriage Act, for granting permanent alimony, against the respondent -husband, on the ground that the respondent is earning more than Rs. 15,000/ - per month from salary and other sources. She stated that she has not remarried after divorce and is not guilty of any misconduct which would disentitle her to receive permanent alimony. Thus, she claimed permanent alimony of Rs. 4,000/ - per month. The husband contested the petition that the wife is M.A. Ph.D. and is earning Rs. 6,000 -7,000/ - per month through imparting tuitions. She is leading an adulterous life and having illicit relations with other persons. He stated that his salary is Rs. 7,500/ - per month, out of which, he has to pay monthly rent of Rs. 2,500/ - per month. Apart from this, his old father and his sister's son are dependents upon him. He stated that he has remarried and has to maintain his new family. Smt. Raj Bala, wife, also filed a petition under Section 27 of the Hindu Marriage Act, with a prayer for the return of her property and Istridhan, which were given to her at the time of marriage. This petition was also contested on the ground that a sum of Rs. 40,000/ - was paid in divorce proceedings as full and final settlement on account of dowry articles and permanent alimony and thus, she is not entitled to any permanent alimony or any other relief.;


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