BALWINDER SINGH Vs. SUKHBIR SINGH

JUDGEMENT

(1.) THE husband has filed the present appeal challenging the order passed by the learned trial Court granting a sum of Rs. 2500/- per month as maintenance to the wife under Section 25 of the Hindu Marriage Act.

(2.) THE marriage between the parties was dissolved by a decree of divorce on 17.9.1997. Thereafter, the wife moved an application under Section 25 of the Hindu Marriage Act (hereinafter referred to as the Act) for the grant of permanent alimony in the sum of Rs. 5000/- and for an order that payment may be secured by a charge on the immovable property of the husband. Along with the application under section 25 of the Act, the respondent-wife also moved an application for the grant of ad-interim maintenance. It was pleaded by the wife that she has no movable or immovable property and has no source of income, whereas the daughter Damandeep is getting education in LKG. It was alleged that the respondent is a commission agent is selling Turi, Barsim and other fodder articles and also a permanent property dealer. He is also cultivating agricultural land owned by him in village Jamalpur Leli and his income is more than Rs. 15,000/- per month.

(3.) THE trial court ordered that the application under section 25 of the Act shall be decided on the basis of affidavits produced in evidence and complete documents. In pursuance of such order, husband and wife produced affidavits as well as few documents. On the basis of such evidence, the learned trial court has passed an order of permanent alimony at the rate of Rs. 2500/- per month.