LAWS(ORI)-2018-12-23

BANDITA MISHRA Vs. RAMAKRISHNA MISHRA

Decided On December 18, 2018
Bandita Mishra Appellant
V/S
Ramakrishna Mishra Respondents

JUDGEMENT

(1.) This appeal, preferred by the wife, is directed against the judgment dated 18.11.2014 of learned Judge Family Court, Puri in C.P. No.403 of 2010 whereby and where under the marriage between the appellant and respondent-husband was dissolved by a decree of divorce and the husband was directed to pay a sum of Rs. 1.00. 000.00 towards permanent alimony of the wife and future maintenance of her daughter.

(2.) The petitioner married respondent on 25.5.2003 as per Hindu Caste and Customs. From their wed-lock, on 10.06.2005, a daughter was born. The wife, on account of iil-treatment meted out to her, stayed separately and for having not returned, the husband instituted a proceeding for divorce on 17.12010 on the ground of desertion since 05.12005.

(3.) In this appeal, the said decree of divorce and granting of permanent alimony have been challenged but in course of argument Mr. Sangram Rath, learned counsel for the appellant-wife expressly abandoned the challenge to the decree of divorce. It is unequivocally submitted that this appeal may be confined to the amount of permanent alimony which is inadequate in the facts and circumstances of the case. It is argued with vehemence that the respondent-husband having source of income from business and ancestral landed property, is capable to maintain the appellant and her minor daughter and for that the amount of permanent alimony be enhanced to Rs. 5,00,000.00