M.N. MALAVIKA Vs. H.R. RAJESH

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed by the wife against judgment dtd. 19/1/2017 passed by the Family Court by which, on a petition filed by the wife under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), the marriage performed between the parties has been dissolved by a decree of divorce on the ground of cruelty.

(2.) Admittedly, after the impugned judgment and decree dtd. 19/1/2017, respondent has re-married and has a son from the second marriage. The grievance of the wife in this appeal is confined only to quantum of maintenance.

(3.) The marriage between the parties was solemnized on 8/8/2013 as per Hindu rites and customs. The wife filed a petition on or about 29/7/2015 seeking dissolution of marriage on the ground of cruelty. In addition, the wife also sought permanent alimony to the tune of Rs.25,00,000.00. The Family Court vide judgment dtd. 19/1/2017, allowed the petition filed by the wife under Sec. 13(1)(ia) of the Act. However, no order was passed with regard to the claim of the wife seeking permanent alimony. Hence, this appeal.