YOGRAJ Vs. PREMLATA

JUDGEMENT

(1.) The appellant, being aggrieved by the judgment and decree dated 28.1.2009 passed in Civil Suit No. 10-A/08 by the District Judge, Betul, has filed present first appeal, under Sec. 28 of the Hindu Marriage Act, 1955 praying therein that the maintenance allowance of Rs. 1,000 per month to the respondent and minor children, awarded by the Court below is unjustified.

(2.) Brief facts of the appeal are that the appellant filed an application under Sec. 13 of the Hindu Marriage Act, 1955 before the Trial Court for a decree of divorce. The learned Judge allowed the application and granted the decree of divorce against the respondent. The Court also fixed permanent maintenance allowance of Rs. 1,000 per month. Such allowance is challenged on the ground that it is contrary to the law, facts and circumstances of the case.

(3.) Heard the learned Counsel for the appellant and perused the record.