FARDIN AKHTAR Vs. ROSELINE FIROZ

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the appellant husband. Also heard Ms. N.S. Thakuria, learned counsel for the respondent wife.

(2.) The marriage between the appellant husband and the respondent wife stood dissolved by the order dated 26.09.2017 of the Principle Judge, Family Court, Kamrup, Guwahati in F.C.(Civil) Case No.226/2016. The divorce suit was instituted by the appellant and the respondent expressed that she had no objection if a decree of divorce was passed. Upon the decree of divorce being passed, the respondent preferred an application under Section 37 of the Special Marriage Act, 1954 for permanent alimony.

(3.) In the proceeding for permanent alimony, the respondent wife took the stand that she had no income to maintain herself while the appellant husband is a civil engineer who is working as vice principal in Matriz College of Engineering in Guwahati and also associated with the Regional Institute of Science and Technology and further working with M/s MP Construction as a structural engineer for which he is paid a good amount of money for every structural design. A stand was also taken that the appellant husband has a three storied RCC residential building, an Assam type house and six numbers of rooms at Dispur which were let out to different persons for the purpose of operating shops. Accordingly, a permanent alimony of Rs.35,00,000/-(Rupees thirty five lakhs only) was claimed. A claim was also made that although a talaq was given, but the amount of moharana fixed at Rs.4,44,444/- was not paid.