LAWS(GAU)-2013-6-67

RUMY CHOUDHURY Vs. WING CO. VIKASH HORA

Decided On June 18, 2013
Rumy Choudhury Appellant
V/S
Wing Co. Vikash Hora Respondents

JUDGEMENT

(1.) By this common judgment and order, we propose to dispose of both, the matrimonial appeal as well as the miscellaneous case, namely, Mat. Appeal No. 2/2010 and Misc. Case No. 320/2013 respectively. Mat. Appeal No. 2/2010 has arisen out of the judgment and decree, dated 07.03.2009, passed in Title Suit (Divorce) No. 15/2005, whereby the learned Addl. District Judge (FTC), Sonitpur, has, while dissolving the marriage between the parties to the appeal, has granted, by taking recourse to Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') permanent alimony of a sum of Rs. 2.00 lakhs to the appellant, who had sought for divorce by resorting to Section 13 of the Act. As far as Misc. Case No. 320/2013 is concerned, it arose out of an application, filed by the appellant herein, under Section 26 of the Act, seeking maintenance for the two children of the parties concerned during pendency of the matrimonial appeal. We have heard Mr. P.K. Tiwari, learned counsel, for the appellant, and Mr. P.P. Sarma, learned counsel, appearing on behalf of the respondent.

(2.) The material facts, giving rise to the present appeal, may, in brief, be set out as under:

(3.) Though the respondent had, initially, filed a written statement in Title Suit (Divorce) No. 15 of 2005, he withdraw his written statement by petition No. 225 of 2008, filed, in this regard, on 18.12.2008 and declined to contest the suit.