LAWS(MPH)-1999-2-36

ARCHANA SINGH Vs. DHARAMPAL SINGH

Decided On February 18, 1999
ARCHANA SINGH Appellant
V/S
DHARAMPAL SINGH Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 28 of Hindu Marriage Act (henceforth "the Act"), filed by the wife, Smt. Archana Singh, against the order dated 13th of February, 1997 passed by Vth Additional District Judge, Rewa in Civil Suit No. 13-A of 1995.

(2.) IN this appeal, the appellant does not challenge the decree of divorce granted by the learned Additional District Judge on the ground that the appellant had deserted the respondent without any reasonable and probable cause and she was not performing her marital duties. It was held that this action on the part of the appellant amounted to mental cruelty and, therefore, the respondent was entitled to a decree of divorce.

(3.) THE appellant filed an application under Section 25 of the Act claiming that she was entitled to permanent alimony, in case, a decree for divorce is granted. Section 25 (1) of the Act provides that any party to a case under the Hindu Marriage Act, at the time of passing of the decree or subsequent thereto may apply for grant of maintenance and support for a period of his or her life-time. It has also been provided that the Court shall determine monthly or periodical sum for that period after having regard to the income and property of the applicant and of the opposite party, conduct of the parties and other relevant circumstances of the case and then pass an appropriate order in accordance with law including by creation of charge on the immovable property of the party against whom the order is passed. However, the sine qua non for passing the order under Section 25 of the Act is that the Court is given wide discretion in the matter after considering the circumstances mentioned therein for coming to the just conclusion.