GIRIJA SHANKAR SATPATHY Vs. USHARANI MISHRA

JUDGEMENT

(1.) JUDGMENT dated 30th November, 2011 passed by the Civil Judge(Senior Division), Phulbani in C.S. No. 13 of 2010, insofar as it relates to grant of permanent alimony of Rs. 5,00,000/ - (rupees five lakh) and a further direction for payment of Rs. 2,00,000/ - (rupees two lakh) towards ornaments, dowry articles and other household things etc. to the plaintiff -respondent, is challenged in this appeal. Undisputedly marriage between the parties was solemnized on 08.07.2007 according to the Hindu caste and custom. It is stated in the plaint that as per the demand of the appellant and his family members a cash of Rs. 2,00,000/ - (rupees two lakh) was paid by the father of the respondent apart from 10 bharis of gold ornaments, 20 bharis of silver ornaments, one Godrej Almirah, Colour T.V., Dressing Table, Sofa set, Refrigerator, cot and silk sari and other household articles worth of Rs. 4,00,000/ - (rupees four lakh). Admittedly the parties separated soon after the marriage though there is a dispute with regard to date of separation. On separation, the respondent came and resided in her father's house. The respondent filed the suit for dissolution of marriage on ground of cruelty and for return of the dowry articles and the cash given by her father at the time of marriage. There was no prayer for permanent alimony either in the plaint or by way of independent application.

(2.) DURING trial the parties led evidence, on consideration of which the Trial court by the impugned judgment dissolved the marriage between the parties and directed for payment of Rs. 5,00,000/ - (rupees five lakh) as permanent alimony and a further amount of Rs. 2,00,000/ - (rupees two lakh) towards dowry articles, ornaments and other household articles by the appellant to the respondent.

(3.) WITHOUT challenging the decree of divorce, learned counsel for the appellant only assails the order of the Trial Court for payment of Rs. 5,00,000/ - (rupees five lakhs) as permanent alimony and Rs. 2,00,000/ - (rupees two lakh) towards dowry and other articles. It is submitted by the learned counsel for the appellant that there was no prayer for alimony by the respondent and further that there is no acceptable evidence with regard to giving of any dowry by the father of the respondent. It is further submitted that the respondent in her own statement admitted that she was working as Probationary Officer in the ICICI Bank and earned gross salary of Rs. 18,000/ - and now working under the CESU and that the appellant was a Clerk in the post Officer having old ailing parents to look after and therefore, the respondent was not entitled to any alimony at all. He also submits that in view of the un -controverted additional evidence that respondent has now been working as a Clerk under CESU and drawing gross salary of Rs. 19,000/ - and that in the meantime, after the decree of divorce, she has remarried, she is not entitled to any maintenance and a further sum of Rs. 2,00,000/ - (rupees two lakh) towards dowry and ornaments. The Trial Court has not at all considered the evidence with regard to the income and liability of the parties.