UMA DABAR Vs. ASHOK KUMAR DABAR

JUDGEMENT

(1.) Both these appeals, preferred under Section 19 of Family Courts Act, 1984, are directed against judgment and order dated 09.04.2010, passed by Principal Judge, Family Court, Dehradun in suit No. 146 of 2003, whereby said court has decreed the suit for divorce filed by the husband (present Respondent) and directed him to pay to pay lump-sum alimony of rupees four lakhs to his wife (apart from ' 1,15,300/-in lieu of the STRIDHAN).

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Brief facts ,of the case, are that Appellant Uma Dabar got married to Respondent Ashok Kumar Dabar on 08.12.1993, following Hindu rites. No issue was born out of the wed-lock. After sometime of their marriage, matrimonial relations between the two started souring, and they started living separately from each other since 12.08.1996. Ashok Kumar Dabar (present Respondent) filed a petition for divorce under Section 13 read with Section 12 of Hindu Marriage Act, 1955, on the grounds of impotency and cruelty. The Appellant who was Respondent in the petition, contested the petition and filed her written statement. She admitted that she was married to the present Respondent, and there was no issue born out of the wed-lock. However, the allegations of impotency and that of cruelty were denied by the wife. A counter claim was made in the written statement seeking return of STRIDHAN, and permanent alimony was also sought in the counter claim. On the basis of the pleadings of the parties the trial court framed following issues: