KALANATH GANDHARVA Vs. RUKHMANI BAI

JUDGEMENT

(1.) In this appeal, challenge is levied to the judgment dated 22.07.2017 of the First Additional Principal Judge, Family Court, Durg in Civil Suit No. 181- A/2015 (Annexure A-1) whereby and whereunder he ordered the appellant to pay allowance for maintenance Rs. 10,000/- per month to the respondent from the date of judgment adjusting therein the allowance for maintenance i.e. Rs. 5000/- per month payable to the respondent under Section 125 of the Cr.P.C.

(2.) This is admitted by the appellant that the respondent is his legally wedded wife, she had filed an application under Section 125 of the Cr.P.C. against him wherein on 09.06.1988 the aforesaid order for grant of the allowance for maintenance was passed, he was an employee of the South Eastern Coalfields Limited and retired from Jamuna-Kotma Collieries, Anuppur on 14.02.2015, now he is getting pension Rs. 13,497/- per month.

(3.) In brief, the respondent's case regarding application filed by her under Section 25(1) of the Hindu Marriage Act, 1955 (in brevity ' the Act, 1955') is that the appellant has received a sum of Rs. 1,00,00,000/- (Rupees One Crore only) from provident fund, family pension, gratuity, insurance and other retiral benefits. Thus, she is entitled to get Rs. 50,00,000/- (Rupees Fifty Lakhs only) as permanent alimony.