VINOD Vs. SAVITRI

JUDGEMENT

(1.) The appellant who had filed a petition under Sec. 13(1)(b)(v) of the Hindu Marriage Act, 1955 seeking dissolution of marriage between the parties herein, has preferred this appeal aggrieved of the fact that while dissolving the marriage between the parties, the Family Court has directed the appellant/petitioner to pay Rs.10,00,000.00 as permanent alimony to the respondentwife.

(2.) The contention of the appellant is that he is working as driver and he has no means to pay Rs.10,00,000.00 as permanent alimony to the respondent. Having heard the learned counsel for sometime on the previous occasion, we had directed that the parties be present before the Court along with daughter. Today, both the parties are present before the Court along with daughter. The ground on which the appellant sought for dissolution of marriage was that the respondent suffered from HIV infection and other communicable diseases. The respondent who is present before the Court submits that from the time when such allegation was made against the respondent and medical reports were sought to be relied upon, she has not undergone any difficulty in life. Even today, she is hale and healthy. The respondent submits that if she had suffered from such serious disease which is communicable, then the child would also have suffered. No such difficulty is faced by the child also.

(3.) On the other hand, it is alleged by the respondent that the allegations were only cooked up by the appellant and one year after the marriage was dissolved in terms of the judgment passed by the Family Court, the appellant has remarried. The appellant has not cared for the child and the respondent has been taking care of the child for 11 years now. The respondent submits that the appellant has left the respondent and the child 11 years ago when the child was only one year old. It is submitted that the appellant has not cared to even find out as to how the respondent is able to manage the upbringing of the child. It is submitted that till date, the appellant has not paid any amount towards her health and education and the upbringing of the child.