MANJU PANWAR Vs. V P S PANWAR

JUDGEMENT

(1.) The petitioner seeks review of the final judgment of this court, dismissing her appeal; in that, the findings and decree of dissolution of marriage between her and the respondent/husband were affirmed.

(2.) Various diverse grounds were urged on behalf of the petitioner during the hearing of the present review petition. Firstly, it is urged that the evidence of the parties' children (i.e. their daughter and son) ought to have been appreciated in their proper perspective. Secondly, it is urged that the review petitioner's claim for enhanced maintenance, to live with dignity consistent with the stature she was accustomed to, thereby directing the respondent husband to pay her maintenance @ Rs. 30,000 per month and also the right to have her share in the sales proceeds of Raj Nagar House purchased out of the sales proceeds of the Meerut property were ignored and overlooked, which amounted to errors apparent on the face of the record.

(3.) It was argued that it is a matter of record that the respondent fraudulently obtained power of attorney from the applicant/appellant for selling the joint property situated in Meerut and thereafter, from the sales deed of that property, respondent had fraudulently purchased the Raj Nagar, Ghaziabad House in his exclusive name, and by selling this house he purchased the present house of New Delhi, in which the appellant's wife had a 50% share. Further, she also had a share by 50% in the remaining sales proceeds. In fact the house was sold for Rs. 50 lacs, whereas to save the stamp duty fee, it was shown as Rs. 10.5 lacs. She is therefore entitled for her 50% share of Rs. 25 lacs. It is urged that the court ignored the demands of social and gender justice by failing to provide her with allowance to live with reasonable dignity. It is urged that without such directions, the right to residence with a meaningful efficacy as dictated by the needs of times, as required by the Supreme Court in its decisions, has been given a go bye.