GANGABAI Vs. RAMCHANDRA

JUDGEMENT

(1.) This appeal, under Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and decree dated 31.3.1997, passed by the IInd Additional Judge to the Court of District Judge, Mandsaur in Regular Civil Suit No. 36/1994, whereby the Tribunal, though has granted decree for judicial separation, in favour of the appellant, but has refused to grant amount towards permanent alimony and maintenance, on the basis of some compromise in earlier suit.

(2.) Brief facts of the case are that the appellant and respondent both were married as per Hindu rites and customs on 21.5.1975. Out of the wedlock one daughter was also born. Admittedly, both are residing separately since 1977. It was alleged in the petition that earlier also the appellant had filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and the matter was compromised between the parties, according to which she has received a sum of Rs. 3,000/- towards permanent alimony. The respondent had also filed a petition for judicial separation, which was dismissed in default. The appellant had also filed an application under Section 125, Cr. P.C., in which there was also a compromise between the parties. In the petition the allegation of the appellant/wife was that the earlier compromise was obtained on the basis of false pretext, therefore, again she prays for a decree for judicial separation as well as for Rs. 800/- towards permanent alimony. It is also not in dispute that the respondent/husband has also performed second marriage.

(3.) The petition was contested and it was submitted by the respondent/husband that in one civil suit on 19th June, 1979 she entered into a voluntary compromise and received Rs. 3,000/- towards permanent alimony and maintenance.