RAGINI KUMARI Vs. SATISH KUMAR

JUDGEMENT

(1.) Heard Mr. A.C. Sarma, learned senior counsel for the appellant in Mat. Appeal No.2/2018 and for the respondent in Mat. Appeal No.60/2018. Also heard Mr. D. Nandi, learned counsel for the appellant in Mat. Appeal No.60/2018 and for the respondent in Mat. Appeal No.2/2018.

(2.) In both these appeals, the judgment dated 22.07.2016 passed by the Additional District and Sessions Judge, Hojai, Sankardev Nagar in T.S. (D) No.45/2015 is in issue. The appeal in Mat. Appal No.2/2018 is filed by the wife, while the appeal in Mat. Appal No.60/2018 is filed by the husband. The relationship between the parties is not in dispute. The marriage was performed on 03.02.2012. However, due to marital disputes, they were residing separately and the husband filed the petition under Section 13 of the Hindu Marriage Act, 1955 (for short, "1955 Act") seeking dissolution of the marriage. The Court below, on taking note of the rival contentions and the evidence tendered, has through the judgment dated 22.07.2016, dissolved the marriage between the parties and has directed that the husband shall pay the permanent alimony of Rs. 4,00,000/- to the wife.

(3.) The instant appeal filed by the husband is assailing the quantum of permanent alimony, as ordered by the Court below. In the appeal filed by the wife, though grounds have been urged to assail the judgment & decree in grant of dissolution also, at the time of hearing, it emerges that the wife in the written statement filed before the Court below has not raised serious dispute with regard to the prayer made by the husband seeking dissolution of the marriage and in that circumstance, it is submitted that both these appeals be limited only with regard to the consideration of the quantum of alimony as the appeal filed by the wife is to the extent of seeking enhancement of the alimony, as granted by the Court below.