MEDHA ASHOK PANCHABHAI Vs. ASHOK ATMARAM PANCHABHAI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant and respondent were married on 7.2.1988 and a daughter, who was, later on, named as Aditi, was borne to them on 7.3.1993. After nine years of the marriage, the appellant filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, the Act ) for grant of divorce. She pleaded desertion and cruelty as the grounds for divorce. The respondent denied all the allegations and pleaded that the appellant had deserted her and caused mental cruelty. The Trial Court framed three issues, two of which related to desertion and cruelty. After considering the evidence produced by the parties, the Trial Court decided the issues of desertion and cruelty against the appellant but granted divorce on the ground that both the parties were desirous of dissolving the marriage and relations between them were such that there was no possibility of reunion in future. Accordingly, the Trial Court allowed the petition filed by the appellant and passed a decree of dissolution of marriage with a direction to the respondent to pay lumpsum amount of rupees thirty thousand to the appellant towards permanent alimony under Section 25 of the Act for herself and her daughter Aditi.

(3.) Feeling aggrieved by the findings recorded by the Trial Court on the issues of desertion and cruelty, the appellant filed an appeal which was partly allowed by the 5th Addl. District Judge, Nashik. The Appellate Court held that the respondent had subjected the appellant to cruelty but confirmed the finding recorded by the Trial Court on the issue of desertion. The Appellate Court also set aside the direction given by the Trial Court regarding payment of rupees thirty thousand towards permanent alimony to the appellant and her daughter and held that the same would be confined to the appellant. The second appeal preferred by the appellant in the matter of permanent alimony was allowed by the High Court and it was declared that the petitioner shall be entitled to permanent alimony of rupees two thousand per month including the maintenance of minor daughter with effect from the date of application for divorce. Feeling dissatisfied, the appellant has filed this appeal by special leave.