NIRU SARMAH Vs. JATIN CHANDRA SARMAH

JUDGEMENT

(1.) This is a first appeal filed by the wife/appellant under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 19.9.2009 passed by the Additional District Judge (FTC), Sivsagar, Assam in Title Suit No.(Matrimonial) 50/2006.

(2.) By impugned judgment/order, the learned trial Judge decreed the petition filed by the husband under Section 13 of the Hindu Marriage Act (for short hereinafter called 'The Act') against the appellant (wife) and granted decree of divorce in his favour dissolving his marriage with the wife (appellant). The trial court while granting decree of divorce in favour of the husband (respondent herein) awarded a sum of Rs. 2 lakh by way of permanent alimony to the wife (appellant herein) payable by the respondent (husband) to her.

(3.) So the question, which arises for consideration in this appeal is, whether any case on facts or/and in law is made out by the appellant (wife) for setting aside the impugned decree of divorce and secondly, whether any case is made out for enhancement of permanent alimony of Rs. 2 lakh awarded by the trial court to the wife in case if it is held that decree of divorce is legal and proper?