JOSEPHINE Vs. EDGAR RAJDAYAL ALLAN

JUDGEMENT

(1.) This miscellaneous first appeal is filed assailing the judgment and decree dtd. 4/9/2019 passed by the Principal Judge, Family Court, Bengaluru in M.C.No.3508/2015 wherein the Family Court had allowed the petition filed by the respondent - husband under Sec. 27(1)(d) of the Special Marriage Act, 1954 (hereinafter referred to as "the Act of 1954 ") and the marriage between the parties registered on 21/4/1993 before the Registrar of Marriages, Bengaluru and subsequently, solemnized on 11/11/1994 at St.John's Church, Bengaluru was dissolved by decree of divorce and the application filed by the appellant - wife under Sec. 37 of the Act of 1954 seeking permanent alimony was also dismissed.

(2.) We have heard the learned counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts leading to filing of this appeal as revealed from the records are, the marriage of the appellant with the respondent was registered before the Registrar of Marriages, Bengaluru and subsequently, solemnized on 11/11/1994 at St.John's Church, Bengaluru as per Christian rites and traditions. For short period after marriage, the couple were living happily and thereafter their relationship had strained and they were quarrelling on petty issues. From the marriage, the couple had no biological issues and therefore, they adopted a girl child was named as Renae Nakshatra Allan. Even thereafter, the relationship between the parties did not improve and ultimately, the respondent - husband had filed petition under Sec. 27(1)(d) of the Act of 1954 seeking dissolution of marriage on the ground of cruelty. The appellant - wife had entered appearance in the said proceedings and filed detailed statement of objections denying the petition averments and also contended that the respondent was addicted to alcohol and he used to treat her indifferently and never allowed her to mingle with any of his relatives and child. To substantiate his case, the respondent - husband had examined himself as P.W.1 and got marked 39 documents and on the other hand, the appellant - wife examined herself as R.W.1 and got marked Ex.R.1 to R9. After completion of evidence, the appellant - wife had filed I.A.No.V under Sec. 37 of the Act of 1954 with a prayer for awarding Rs.3.00 crores as permanent alimony. The Family Court vide the impugned judgment and decree had allowed the petition filed by the respondent - husband and had dismissed the application - I.A.No.V filed by the appellant - wife. Being aggrieved by the impugned judgment and decree in so far as it relates to rejection of the application-I.A.No.V filed under Sec. 37 of the Act of 1954 , the appellant - wife has preferred this appeal.