ROOPA N.S. Vs. N. RAMAKRISHNA

JUDGEMENT

(1.) Smt.Bindu U., learned counsel for the appellant. None for the respondent. This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment dtd. 6/11/2014 passed by the Family Court by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty has been allowed and she has been held entitled to permanent alimony at the rate of Rs.2,000.00 p.m. Being dissatisfied with the quantum of permanent alimony, the appellant has filed this appeal seeking enhancement of the amount of permanent alimony.

(2.) Facts giving rise to filing of this appeal briefly stated are that the marriage between the parties was solemnized on 27/3/1997 in Bangalore. Out of the wedlock, a daughter was born to the parties.

(3.) According to the appellant, she was subjected to cruelty in her matrimonial home. Therefore, she filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 on 20/7/2009 seeking a decree of divorce. The respondent contested the matter. The Family Court, however, vide judgment dtd. 6/11/2014 inter alia held that the appellant has proved the allegation of cruelty and therefore, is entitled to a decree of divorce on the ground of cruelty. It was further held that the respondent runs a tea stall and is employed as a Coolie and his monthly income is Rs.6,000.00 p.m. The Family Court therefore held the appellant to be entitled to permanent alimony at the rate of Rs.2,000.00 p.m. Being aggrieved by the quantum of permanent alimony, the appellant / wife has filed this appeal.