XXXXXXXX Vs. XXXXXXXX

JUDGEMENT

(1.) This Matrimonial Appeal has been preferred under Sec. 19(1) of the Family Court Act, 1984, by Smti Aruti Dusad, challenging the quantum of the Permanent Alimony and future maintenance awarded by the impugned judgment dtd. 3/3/2011 and decree dtd. 10/3/2011 passed by the learned Principal Judge, Family Court, Cachar, Silchar in F.C.(Civil) Case No. 152/2006 as well as praying for its enhancement. The present appellant was the respondent in F.C. (Civil) Case No. 152/2006, which was registered on filing of a petition under Ss. 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 by her the then husband and the respondent in the present appeal Sri Shiv Pujan Dusad for dissolution of his marriage with the present appellant on the ground of cruelty and desertion. By the impugned judgment and decree, learned Family Court, Cachar has dissolved the marriage between the present appellant and the respondent under Ss. 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 and also directed the present respondent to pay an amount of 1,50,000/- ? (Rupees One Lakh Fifty Thousand) under Sec. 25 of the Hindu Marriage Act, 1955 to the present appellant as Permanent Alimony and future maintenance.

(2.) In the present appeal, the appellant has not challenged either the decree for divorce or the grounds on which the divorce was granted in F.C. (Civil) Case No. 152/2006. The appellant has only partially challenged the decree with regard to the quantum of permanent alimony granted by learned Family Court, Cachar. The appellant has prayed for enhancement of Permanent Alimony to the tune of 13,00,000/-(Rupees Thirteen Lakhs) from 1,50,000/- ? ? (Rupees One Lakh Fifty Thousand) which was awarded by learned Family Court, Cachar.

(3.) We have heard learned counsel for the appellant, Ms. R. Rongmai. None appeared for the respondent. Though, by order dtd. 24/2/2021, an Amicus Curiae was also appointed by this Court, however, she failed to appear when the case was called on for hearing. However, considering the facts and circumstances of this case and long pendency of this appeal, we proceed to dispose of this appeal finally after hearing the submission of learned counsel for the appellant and after consideration of available material on record.