- (1.) INSTANT appeal is directed against the judgment and decree dated 27th April, 1991, passed by Judge, Family Court, Jaipur, whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act'), filed by the husband was decreed for divorce.
(2.) THE marriage between the appellant and respondent was solemnized on April 21, 1976 according to Hindu Rites and out of that wedlock a daughter was born to them. In the petition, it was alleged by the respondent-husband that the appellant started quarreling with him and she usually left the house and most of the time she stayed with her father. It was further alleged that the appellant wife had illicit relations with one lady Sheela Saxena. She always treated the respondent with cruelty and finally deserted him on 2-11-1986. The appellant filed reply and denied all the allegations levelled against her by the respondent. She admitted that the allegation regarding illicit relations with Smt. Sheela Saxena was correct and alleged that in fact it was the respondent, who treated her with cruelty. On the basis of the pleadings of the parties, issues were framed. Both the parties examined their witnesses and after hearing the final submissions, the learned court below held that the appellant had treated her husband with cruelty and deserted him on 2-11-1986 without any reasonable excuse and accordingly the marriage was ordered to be dissolved and the respondent was found to be entitled to the decree of divorce. We have heard the submissions advanced before us.
(3.) HAVING closely scanned the statement of the parties, it reveald that the appellant had treated the respondent with cruelty and she deserted her husband-respondent. The allegation of illicit relations made by the appellant-wife against the respondent also amounted cruelty. The learned trial Judge discussed the evidence of the parties in detail and arrived at the conclusion that the appellant had acted in a cruel manner and deserted the respondent. In our opinion the findings of fact arrived at by the Family Court are just proper and do not call for any interference. We have heard learned counsel for both the parties on the application of the appellant under Section 25 of the Hindu Marriage Act for permanent alimony. In the facts and circumstances of the case, we deem it proper to award a sum of Rs. 2 lacs to the appellant by way of permanent alimony. Consequently, the appeal is dismissed being devoid of merit and a permanent alimony of Rs. 2 lacs is awarded to the appellant wife. The judgment and decree passed by the Family Court, Jaipur is modified to that extent. . ;