RAJINDR PARKASH Vs. ROSHNI DEVI

JUDGEMENT

(1.) This appeal arises out of an application under Section 25 of the Hindu Marriage Act, filed on behalf of the wife-respondent, for permanent alimony and maintenance,

(2.) The facts, briefly stated, are that Rajinder Parkash appellant and Roshni Devi respondent were married in May, 1976, according to the Hindu rites. On the application moved by Rajinder Parkash, a decree of divorce dissolving the marriage between the parties was granted on 29th of August, 2979. The divorce was granted on the ground of desertion. The application under Section 25 of the Hindu Marriage Act, 1955(hereinafter referred to as the Act) was filed on 19th of May. 1979 on the ground that she does not own any movable or immovable property and has no independent source of income. She further alleged that Rajinder Parkash owns about 10 Killas of land and is getting a salary of Rs. 400/- per month and is also receiving income of about Rs. 500/ per month from the agricultural land. Thus she claimed that she may be allowed a sum of Rs. 200/- as permanent alimony. The petition was resisted by Rajinder Parkash appellant. It was told by him that Shrimati Roshni owns land has income from the land which is sufficient for her needs. He mentioned that he is getting a salary of Rs. 300/- per mensem and he has to support his aged parents and a sister.

(3.) On the pleading of the parties, the following issues were framed :