ALKA AGNIHOTRI Vs. RAJEEV AGNIHOTRI

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the judgment and decree dated 27.6.2000 passed by District Judge, Bhopal in Civil Suit No. 90-A/1999. 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 respondent thereafter filed a suit for decree of divorce on the ground of cruelty and desertion.

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

(3.) On the basis of the statement made by the appellant, the Trial Court granted the decree of divorce in favour of the respondent and directed the respondent to pay Rs. 1,35,670 in lieu of price for the return articles and also granted permanent alimony at the rate of Rs. 3,000 per month, alternatively, directed for payment of Rs. 3,00,000 lump sum.