SMRUTIMALA DASH Vs. CHINMAYA PANDA

JUDGEMENT

(1.) Appellant is the wife. She is aggrieved by judgment dtd. 13/11/2019 made by the family Court in her civil proceeding for dissolution of marriage because there was no order made for permanent alimony.

(2.) There was brief hearing of the appeal on 18/10/2023. We reproduce below paragraphs 2 and 3 from our order made that day.

(3.) Sec. 25 in Hindu Marriage Act, 1955 admits of the situation appellant-wife is in. The situation is of respondent- husband opposing the appeal by relying on prayer made in the civil proceeding by appellant-wife, bereft of prayer for permanent alimony. In our view this omission cannot be relied upon to bar her claim by pleading constructive res judicata.