VEENA HANDA Vs. AVINASH HANDA

JUDGEMENT

(1.) This order will dispose of FAO (M) 240/82 and FAO 275/82.

(2.) The parties were married on 5.12.77. A daughter was born to them on 23.1.79. Wife filed a petition for restitution of conjugal rights that she had been ill treated and turned out on 15.4.79. The husband opposed but his defence was struck out on 1.8.80. She applied for permanent alimony on 4.8.80. A decree of restitution of conjugal rights in her favour was granted on 4.8.80. The husband filed a petition for divorce on 25.8.81 u/s 13 (1A) (ii) of the Hindu Marriage Act, 1955 [the Act], on the ground that there has been no restitution of conjugal rights for a period of one year and over. That was opposed.

(3.) On 13.8.82 the learned District Judge directed the husband to pay permanent alimony at Rs. 350.00 p.m. to the wife and Rs. 150.00 p.m. to the daughter. The husband's appeal against that order is FAO 275/82. It was filed on 22.9.82.