PADMINI DEKA Vs. PULAKESH BARUAH

JUDGEMENT

(1.) Heard Mr. D. Choudhury, learned counsel for the appellant. Also heard Mr. A.C. Sarma, learned senior counsel, appearing for the sole respondent.

(2.) The appellant is before this Court assailing the judgment dated 14.03.2018 passed by the Court below in Misc. (J) Case No.2/2017. The appellant herein is the former wife of the respondent. Due to certain marital disputes, the respondent herein alleging cruelty on the part of the appellant herein had filed a petition in T.S. Case No.14/2015 seeking dissolution of the marriage on the ground of cruelty. The said petition was allowed through the judgment dated 22.12.2016 and the marriage between the parties was dissolved. In the said proceedings, the issue relating to the permanent alimony had been kept open. It is in that light, the appellant herein had instituted the present proceedings in Misc. Case No.2/2017 under Section 25 of the Hindu Marriage Act, 1955 (for short, "1955 Act") seeking permanent alimony of Rs. 20,00,000/-. The respondent herein having appeared had filed written statement and opposed the claim. It was contended therein that the salary of the respondent is only the sum of Rs. 18,542/- after deduction of Rs. 4,000/-, which was paid as maintenance to the appellant herein. Hence, it was contended that the alimony of Rs. 20,00,000/- as prayed is not justified and the dismissal of the petition was sought.

(3.) The Court below having taken note of the rival contentions has also taken into consideration the evidence tendered by the parties. In that light, the Court below had arrived at a conclusion that the appropriate alimony to be ordered would be at Rs. 4,00,000/-, which was accordingly ordered. The appellant is before this Court contending that the quantum of alimony, as ordered, is meagre and is, therefore, seeking enhancement of the same.