LAJWANTI Vs. GEETAM SINGH

JUDGEMENT

(1.) These are two appeals, both preferred by the wife. The First Appeal No. 113 of 2014 is a regular appeal under Section 19 of the Hindu Marriage Act, where she challenges the decree of divorce granted under Section 13 of the Hindu Marriage Act in favour of the husband, whereas, in the other connected A.O. No. 555 of 2014, the wife challenges the judgment dated 13th October, 2014, by virtue of which, an order has been passed on her application, paper No. 70-A, filed by the defendant appellant, for seeking a permanent alimony under Section 25 of the Hindu Marriage Act, which she has filed in the main Suit under Section 13, being Original Suit No. 325 of 2007, by husband for dissolving the marriage. Her application for grant of alimony under Section 25 has been rejected.

(2.) Since both the cases are covered by a common judgment passed by the Trial Court, based almost on same facts and between the same parties, the Appellate Court, too, with the consent of counsel, is proceeding to decide the appeals by a common judgment.

(3.) Before venturing into the propriety of the judgment and its intricacies, this Court feels that when in a proceedings under Section 13, initiated by the husband, wife comes forward and filed an application under Section 25 for granting of a permanent alimony. It tacitly implies that she accepts the propriety and necessity for dissolving the marriage because both proceedings cannot be carried simultaneously. If the marriage to be saved, then the wife ought not to claim an alimony under Section 25 and if it just contrary, if wife claims Section 25, she ought not to oppose the decree of divorce.