BHIM DUTT Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS appeal, preferred under Section 28 of Hindu Marriage Act, 1955, is directed against the judgment and decree dated 16.10.1996, in Original Suit No. 41 of 1995, passed by learned District Judge, Tehri Garhwal, whereby the petition of the respondent was allowed for permanent alimony, directing the appellant to pay Rs. 1,000 per month as maintenance to her.

(2.) BRIEF facts of the case are that the appellant got married to the respondent according to Hindu rites in the month of November, 1978. It appears that the respondent filed a divorce petition in the year 1989, against her husband (appellant), which was decreed ex parte and the marriage between the parties was dissolved. Thereafter, in the year 1995, the respondent filed a petition under Section 25 of Hindu Marriage Act, 1955, for permanent alimony, claiming Rs. 5,000 per month as maintenance from the appellant (divorced husband), which was registered as Original Suit No. 41 of 1995. It was alleged in the petition that income of the appellant is Rs. 20,000 per month and the respondent (divorced wife) has no means to maintain herself. Shri Bhim Datt (appellant/divorced husband), contested the petition for permanent alimony and filed his written statement before the learned District Judge (There is no family Court established in Tehri Garhwal). In the written statement, it is alleged by the appellant that his monthly income is only Rs. 1,000 per month. It was further alleged by him that the respondent (petitioner before Trial Court) was earning Rs. 2,000 per month as salary from working as Sahyogini in Mahila Samakhya. The learned Trial Court framed following issues in the suit.

(3.) WE heard learned Counsel for the parties and perused the record.