KALPANA Vs. PRAKASH

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by the consent of learned counsel appearing for the rival parties.

(3.) By this writ petition, the petitioner (wife) has challenged order dated 29/09/2018, passed by the Family Court No.4, Nagpur, whereby application at Exh.1 filed by the petitioner was allowed, but the amount directed to be paid by the respondent (husband) to the petitioner under Order 21, Rule 33 of the Civil Procedure Code, 1908 (CPC) was directed to be included in the amount of permanent alimony to be paid as per agreement between the parties. The principal contention raised on behalf of the petitioner is that having found that the respondent had failed to comply with the decree of restitution of conjugal rights granted by the Court, payment in terms of Order 21 Rule 33 of the CPC ought to be in addition to the amount towards alimony agreed between the parties.