SMT. USHA TRIPATHI Vs. DINESH KUMAR TRIPATHI

JUDGEMENT

(1.) Both the above appeals are directed against a single judgment of the Judge, Family Court, Allahabad, in Case No. 194 of 1994 initiated by Sri Dinesh Kumar Tripathi (in short to be described as the husband) against Smt. Usha Tripathi (in short to be described as wife) for divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act. The learned Judge of the Family Court, Sri Surendra Pratap Mishra, by his judgment and order, dated 26.2.1997 dissolved the marriage between the husband and the wife and also directed that their two daughters Tanuja and Suchita would remain in the custody of their mother while the son Tushar was to stay in the custody of his father. The husband was directed to pay Rs. 2,300.00 per month with an yearly increase of Rs. 200.00 as permanent alimony to the wife. No costs were awarded.

(2.) The first-mentioned appeal was preferred against the decree of divorce with a prayer for setting aside the decree of divorce and for an enhancement in the amount of alimony. The second-mentioned appeal has been preferred by the husband against the amount of alimony and for reduction of the same. Both the appeals were heard together and are being disposed of through this judgment.

(3.) Undisputedly, the parties were Hindu and were resident of Allahabad and they were married according to Hindu rites on 24.1.1981. It was the case of the husband that at the time of marriage he was an ad hoc lecturer and when the divorce petition was presented he was a Senior Divisional Safety Officer, Northern Railway, Allahabad. For the respondent in the suit, the husband stated that she had been an M.A. (Geography) from the Allahabad University and had a Sangeet Prabhakar Degree in Music. In their wedlock the parties had three children, Tanuja a girl aged about 12 years on the date of presentation of the divorce petition, Suchita another girl aged about 6 years on that date and a boy Tushar aged one year seven months on such date. In their married life, the parties lived in Allahabad, Nagpur, Jabalpur and again at Allahabad. Divorce was prayed for on the ground of persistent cruel behaviour and attitude of the wife. The details were indicated in the divorce petition. Divorce was also pressed on the ground of desertion although they continued to live under the same roof. The cause of action arose in Sept. 1990, Feb. 1992 and again on 15.7.1994 and 17.7.1994 so far cruelty is concerned and since June 1994, when the two yeas' period of desertion was completed. The plaint was amended subsequently and definite assertions towards cruelty were introduced.