JAIPAL KAUR Vs. ISHAR SINGH

JUDGEMENT

(1.) The wife obtained a decree for judicial separation on 17-10-1977 and since they were not sole to come together within a period of one year thereafter, the husband filed a petition for divorce mainly on the basis of unsatisfied decree of judicial separation. The trial Court by judgment and decree dated 1-12-1980, granted divorce. The wife had also filed a petition under sections 25 and 27 of the Hindu Marriage Act, 1986, for the grant of permanent alimony as also for the return of the property which she had brought as dowry in marriage. The trial Court allowed Rs. 100/- per month as permanent alimony. Regarding dowry it do was found that the wife failed to prove if the husband had retained the ornaments etc. which she had brought in dowry. This is wife's appeal.

(2.) Shri R.S. Mittal, appearing for the appellant-wife, states that his client has re-married and, therefore, he is not disputing the decree of divorce granted by the Court below. However, he urges that the permanent alimony awarded by the Court below at the rate of Rs. 100/- per month was too little and that it should have been ordered that the jewellary be returned to the wife. After considering the entire matter, I am of the view that the permanent alimony awarded by the Court below was reasonable on the facts of the present case, which will now cease from the date of her re-marriage. As regards the return of the jewellary etc., there is reliable evidence on the record that when the left the house of her husband, she had not taken the same with her.

(3.) For the reasons recorded above, this appeal is dismissed, but the parties are left to bear their own costs.