RAJEEV AGNIHOTRI Vs. ALKA AGNIHOTRI

JUDGEMENT

(1.) The appellant has filed the present appeal challenging part of the judgment and decree dated 27.6.2000 passed by District Judge, Bhopal in Civil Suit No. 90-A/1999 by which the Trial Court has granted a decree of permanent alimony and price of the articles in favour of the respondent. Brief facts of the case are that the appellant and the respondent entered into marriage on 2.3.1995 as per Hindu rites and religion. Out of the said wedlock, a daughter was born in the month of December, 1995. The appellant and the respondent started living separately from April, 1996. The appellant thereafter filed a suit for decree of divorce on the ground of cruelty and desertion.

(2.) The respondent denied the plaint allegations. The respondent, at the stage of evidence, requested the Court that looking to the allegations made by the appellant in the plaint it is not possible for her to live with the appellant. She further stated that if the appellant wanted divorce, then a decree for divorce may be granted in his favor. However, she prayed for grant of maintenance for herself and her daughter.

(3.) During pendency of the trial, the respondent moved an application under Section 27 of the Hindu Marriage Act for grant of maintenance to herself and her daughter. She also prayed for return of articles or the price thereof. A copy of the said application was supplied to the appellant and the Trial Court directed the appellant to file the reply of the said application and also permitted the appellant to lead additional evidence, if necessary. The appellant filed the reply of the said application and appellant's evidence was also recorded.