SUNIL KUMAR VERMA Vs. KAMALA BAI

JUDGEMENT

(1.) THIS appeal under Section 28 of The Hindu Marriage Act, 1955 (in short 'Act 1955') arises out of the judgment and decree passed by the IInd Additional Principal Judge of Family Court, Bhopal in RCS No. 599 -A/2008, whereby the appellant has been directed to pay amount of Rs. 15,000/ - per month as maintenance to the respondent.

(2.) IT is undisputed fact that the appellant got married with respondent before 55 years. It is also undisputed that appellant was retired from the post of Principal Secretary Water Resources Department. It is also undisputed that appellant and respondent lived as husband -wife about 20 years and out of their wedlock respondent blessed with two daughters. It is also undisputed that appellant filed a Civil Suit No. 35 -A/1978 for divorce under Section c of Act 1955 against respondent and vide order dated 21.08.1978, Court of Additional District Judge, Bhopal has granted the decree of divorce in favour of appellant. It is also undisputed that appellant got re -married with Dr. Indra Sharma. It is also undisputed that both the parties are living separately. It is also undisputed that in favour of the respondent Chief Judicial Magistrate has granted maintenance Rs. 3,000/ - per month.

(3.) BESIDES the admissions as aforesaid in P. No. 2, appellant, in reply, refuted the pleadings of the respondent and pleaded that with malafide intention, within a year, the respondent has filed this application under Section 25 of Act 1955. Appellant also stated that with the consent of both parties he is already paying maintenance of Rs. 3,000/ - to the respondent by virtue of order dated 20.07.2007 passed by the competent Court. It is also stated by the appellant that at the time of divorce respondent was given 8.2 Hectare (32 Bigha) agriculture land from the ancestral property of appellant and by way of cultivation she is already earning Rs. 3.00 lacs per year. It is also stated that he is getting only Rs. 20,000/ - as a pension and Rs. 11,000/ - as a rental income. Accordingly, on these grounds he prayed for dismissal of the petition.