SHEKHAR CHOUHAN Vs. GEETA DEVI

JUDGEMENT

(1.) THIS appeal is directed against an order dated 30-12-2006 passed by the 2nd Additional District Judge, manendragarh, Distt. Korea in Civil Suit No. 17-A of 2006 whereby permanent alimony of Rs. 2000/- was granted to the respondent/plaintiff under Section 25 of the Hindu marriage Act, 1955 (hereinafter referred to as the Act, 1955 ).

(2.) ADMITTEDLY, the appellant was married to the respondent in the year 1977 and had four children from the marital wedlock. It is also not in dispute that the appellant married Sita Devi during the subsistence of the marriage with the respondent arid has two children from her. Civil Suit No. 2-A of 89 instituted by the appellant for restitution of conjugal rights was dismissed by the additional District Judge, Manendragarh vide judgment dated 25-9-1990. The appellant has the custody of the children. The respondent lives at her maternal home. The gross salary of the appellant was Rs. 9985. 97 in the month of November, 2006.

(3.) THE respondent/plaintiff had, in her application under Section 25 of the Act, 1955 stated that she was living in her maternal home at Jhagrakhand and was unable to maintain herself. The appellant did not even pay to her the meagre maintenance of Rs. 150/- per month granted in proceedings under Section 125 of Cr. P. C. A permanent alimony of Rs. 6,000/- per month was claimed.