RATIRAM YADAV Vs. VIMLA YADAV

JUDGEMENT

(1.) Heard. This appeal has been filed by the appellant against the judgment and decree dated 30.09.2008 passed in Hindu Marriage Case No.56 -A/2007.

(2.) The trial Court granted the decree of divorce in favour of the appellant and accepted the application filed by the appellant to this effect, however, trial Court further ordered that the appellant shall pay an amount of Rs.1,00,000/ - (Rs.one lac) as permanent alimony to the respondent on account of dissolution of marriage.

(3.) The ground taken in the appeal is that the respondent did not file any application before the trial Court under Section 25 of Hindu Marriage Act, 1955 for grant of permanent alimony. In the absence of any application filed by the respondent in this regard, the trial Court committed an error of jurisdiction in awarding permanent alimony in favour of the respondent. The same point has been pressed by the learned counsel for the appellant. In support of his contention learned counsel relied on the judgment of this Court passed in the matter of Mahesh Prasad vs Chhoti Bai reported in 2003 (2) M.P.L.J. 560.