BHAGYASHRI Vs. JAGDISH

JUDGEMENT

(1.) The petitioner-wife is aggrieved by the order passed by the 2nd Joint Civil Judge, Senior Division, Nanded, dtd. 08/08/2017 and also by the order dtd. 06/12/2019 passed below Exh.-23 in the very same proceedings. The impugned orders are assailed in the backdrop of the common fact that the said orders are not sustainable, since the relationship between the husband and wife is already extinguished by a decree of divorce passed on 17/01/2015.

(2.) The marriage between the petitioner and the respondent was solemnized on 17/04/1992 and, on the wife filing a petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short, "the Act of 1955") seeking dissolution of marriage on the ground of cruelty and desertion, the petition was allowed and the marriage between the parties came to be dissolved on 17/01/2015 by the 2nd Joint Civil Judge, Senior Division, Nanded. The decree of divorce was directed to be drawn accordingly.

(3.) Since I am not concerned with the merits of the said decree, I do not delve deep into it. After passing of the decree of divorce, the respondent-husband filed Hindu Marriage Petition No.46 of 2015 claiming for grant of permanent alimony from the petitioner-wife at the rate of Rs.15,000.00 per month. This application being filed under Sec. 25 of the 1955 Act, pleaded that since the marriage being dissolved by a decree of divorce, the application is filed as the respondent-husband is not having any source of income and the petitioner-wife, on the contrary had acquired the educational qualification of M.A., B.Ed, and, on completion of education, is serving at Shri Datta Mahavidyalaya, Talni, Taluka Hadgaon. It is specifically pleaded that in order to encourage the wife to obtain the degree, the husband managed the household affairs, keeping aside his own ambition. It is pleaded that priorto her employment, she was taking tuition classes and earning income for the family. The respondent-husband claims that he was working with the father of the petitioner-wife at Manatha and, with the aid and assistance of her parents, he would contribute some amount for the well being of the family.