SUKHDEO Vs. JYOTI

JUDGEMENT

(1.) BY this Family Court Appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur dated 27.09.2006 as far as it directs the appellant to pay a sum of Rs. 1,500/ - per month to the respondent -Wife towards permanent alimony, from the date of the judgment.

(2.) THE marriage between the appellant -Husband and the respondent -Wife was solemnized at Nagpur on 19.11.1981 as per Hindu rites and customs. The parties reside together till 26.05.2003. It is the case of the appellant that the respondent deserted the appellant and started residing with one Ankush Pardhi and adopted Christianity. According to the appellant, the wife had sexual relationship with Ankush Pardhi and at the time of filing of the Hindu Marriage Petition, she had conceived a child from Ankush Pardhi. The appellant -Husband filed a petition for grant of a decree of divorce on the ground that the wife had illicit relationship with Ankush Pardhi and that she had converted to Christianity. Though the respondent had denied that she had illicit relationship with Ankush Pardhi, the Family Court found that the appellant had been successful in proving that the respondent had sexual intercourse with a person other than the husband after the solemnization of the marriage with the appellant. In view of the said finding, the Family Court granted a decree of divorce by the judgment dated 27.09.2006. By the said judgment, the Family Court directed the appellant to pay a sum of Rs. 1,500/ - per month to the respondent towards permanent alimony. The respondent had challenged the judgment and decree of divorce in a Family Court Appeal. This Court had dismissed the appeal filed by the respondent. In the present appeal, the appellant has challenged the judgment of the Family Court as far as it directs the appellant to pay monthly maintenance to the respondent as permanent alimony.

(3.) ON hearing the learned counsel for the appellant and on a perusal of the Record & Proceedings, it appears that the following points arise for determination in this appeal.