LAWS(SC)-2011-7-121

VINNY PARMVIR PARMAR Vs. PARMVIR PARMAR

Decided On July 20, 2011
VINNY PARMVIR PARMAR Appellant
V/S
PARMVIR PARMAR Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are filed against the final order dated 24.04.2009 passed by the High Court of Bombay in Family Court Appeal Nos. 110 of 2004 and 127 of 2004 and the order dated 17.07.2009 in Review Petition Stamp No. 15671 of 2009 whereby the Appellants appeal was dismissed in entirety and the petition filed by the Respondent in Family Court for divorce on ground of cruelty was converted into divorce by mutual consent and the marriage was dissolved by a decree under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act").

(3.) Since the parties have dissolved their marriage by consent and a fresh decree of divorce by consent has been directed, the other question adjudicated before the High Court was about the amount of maintenance/permanent alimony in terms of Section 25 of the Act. By the impugned order, the High Court confirmed the order passed by the Family Court fixing the amount of permanent alimony at Rs. 20,000/- per month. While disposing of the appeals, as an alternative measure, the High Court also fixed the amount of permanent alimony at Rs. 20 lakhs in lump sum to be paid by the husband to his wife within a period of 3 months from the date of the order. Being not satisfied with the maintenance fixed at Rs. 20,000/- per month, the Appellant-wife filed these appeals for enhancement by pointing out her difficulties and the income of the Respondent.