MADHU KUKSAL Vs. CAPT ANUP KUKSAL

JUDGEMENT

(1.) These two appeals, preferred under Section 19 of Family Courts Act, 1984, are directed against the same judgment and order dated 16-7-2003, whereby the marriage between the parties has been dissolved by a decree of divorce and lump sum of Rs. 5,00,000/-, has been directed to be paid by the husband, to the wife as alimony. It is further directed in the impugned Judgment that the husband shall pay Rs. 2,000/- per month to the wife for maintenance of the minor daughter, living with her, till she attains the age of majority.

(2.) Brief facts of the case are that Capt. Anup Kumar Kuksal is an ex-serviceman, who is posted as Regional Security Officer with State Bank of India, Dehradun. He got married to Madhu Kuksal on 2-2-1989, at Jaipur, according to Hindu rites. Two siblings, born out of the wedlock are master Shivesh Kuksal and Miss Kriti Kuksal. One year before the divorce petition was instituted in 1999 by the husband, the relations between the couple soured and they started living separately. Son Shivesh, lives with his father, while the daughter Kriti, lives with her mother. It is alleged in the divorce petition, filed by the husband that wife used to insult him by hurling filthy abuses at him and his mother. It is further alleged that on 19-10-1997, Smt. Madhu Kuksal (wife), not only quarrelled with the husband's brother's wife but also slapped her. And got husband's brother ousted from his house. It is further alleged that thereafter, she threatened to evict mother of the husband who is an old lady. She even beat her causing physical injuries. As such on the ground of cruelty, the husband filed a divorce petition. The petition was contested by the wife and she filed written statement on 16-5-2001. She admitted the marriage between the parties. She also admitted that the two children were born out of the wedlock. However, she alleged that the husband's relatives from his father's side were greedy and they used to taunt the respondent-wife. She has further alleged that she was harassed for non-fulfilment of demands for dowry. It is also alleged that her husband and his brother are drunkards. Their behaviour with respondent was not good. She denied having treated the husband with cruelty. Rather it is alleged that she was beaten by the husband and his relatives. Learned Judge, Family Court, Dehradun, after framing the necessary issues, recording the evidence and hearing the parties, decreed the petition of divorce, filed by the husband. However, simultaneously, it is directed that the husband shall pay in lump sum Rs. 5,00,000/- , alimony to the wife. It is further directed that the petitioner (husband) shall pay Rs. 2,000/- per month to the respondent towards the maintenance of minor daughter, living with her till she attains the age of majority. Aggrieved by which, the wife has filed First Appeal No. 29 of 2003, while the husband has filed First Appeal No. 30 of 2003, for setting aside the direction under Section 25 of Hindu Marriage Act, 1955, as to the alimony.

(3.) We heard learned counsel for the parties and perused the record.