ROSHNI Vs. ANAND

JUDGEMENT

(1.) This first appeal under Section-19 of Family Courts Act, 1984 has been filed by the appellant/wife against the judgment and decree dated 23.11.2016 passed by Principal Judge, Family Court, Seoni in RCS-HM No.11800026-A/2016, whereby the application filed by the appellant under section 12 (1) (a) of the Hindu Marriage Act, 1955 was partly allowed by declaring her marriage with the respondent as null and void but denying her claim for permanent alimony. Being aggrieved by this part of the judgment and decree, the appellant has preferred this appeal.

(2.) It is not in dispute that the appellant is married wife of respondent. Their marriage was solemnized on 11.06.2015 at Seoni as per Hindu rites and rituals prevalent amongst Hindu Society. After marriage they lived together peacefully for a very short period. During this period they have not begotten any child. Appellant has filed a suit for declaring their marriage to be null and void on the ground that their marriage has not been consummated owing to the impotence of the respondent. The said suit was decreed in her favour.

(3.) Learned counsel appearing on behalf of appellant/wife has submitted in short that she has filed the suit for declaring her marriage with the respondent to be null and void and with that relief she also sought permanent alimony/maintenance under Section 25 (1) of the Hindu Marriage Act, 1955 although the respondent is a Central Government employee but at that time she was not having any proof regarding his income so in absence of the proof of income her claim for permanent alimony was rejected. It is submitted that later on, she applied under Right To Information Act for providing the details of salary of the respondent, which was provided to her. The salary slips and other documents have been filed along with interlocutory application which has been allowed and said documents have been taken on record. Learned counsel for the appellant submitted that considering the said proof regarding the income of the respondent, he be directed to pay Rs.15,000/- per month as alimony/maintenance from 23.11.2016 i.e. from the date of impugned judgment.