MRS. SUSHMA ARORA Vs. SUNIL KUMAR ARORA

JUDGEMENT

(1.) This appeal has been filed by the appellant Sushma Arora assailing the judgment and order dated 26.11.2007, passed by the learned Additional District Judge, Chandigarh, to the extent that inadequate lump sum maintenance of Rs. 2,50,000/- had been fixed in the petition filed by her under Section 25 of the Hindu Marriage Act, 1955 ('Act' - for short). The marriage between the parties was dissolved by a decree of divorce by the learned Additional District Judge, Chandigarh vide judgment and decree dated 11.12.2002. After passing of the decree, the appellant on 27.03.2003 filed a petition under Section 25 of the Act for grant of permanent alimony. The parties had three children from the marriage. Besides, the appellant had no movable or immovable property. Moreover, she owned no other source of income. She was solely dependant on her brother and other near relatives. As against this, the respondent had sufficient income from the business carried on and run by him under the name and style of M/s. Girnar Art Press, Faridkot and M/s. Subhash Oil Co. Rawatsar, District Sri Ganga Nagar (Rajasthan). He was an income tax assessee and his total income from the business it was stated was Rs. 1,50,000/- per annum. The appellant claimed permanent alimony of Rs. 10,000/- per month.

(2.) The learned trial Court after considering the evidence and material on record awarded alimony of Rs. 2,50,000/- in lump sum with the rider that she would be entitled to receive only one maintenance either granted under Section 25 of the Act or under Section 125 of the Code of Criminal Procedure.

(3.) Aggrieved against the maintenance that has been awarded according to the appellant being inadequate, she has filed the present appeal.