JANGIR KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) In this appeal filed by the wife, challenge is to the judgment dated 26.2.2014 passed by the Additional District Judge, Sangrur, whereby the petition filed by her under Section 25 of the Hindu Marriage Act, 1955 (In short "the Act") for the grant of permanent alimony of Rs. 20,00,000/- and Rs. 10,000/- per month till death or till performance of remarriage, was allowed by directing the respondent to pay Rs. 6,000/- per month as permanent maintenance from the date of petition till the period during which the respondent is in service. The facts, in brief, necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized about 26 years ago at village Khola, Tehsil and District Kapurthala according to Sikh rites and ceremonies. After the marriage, the parties resided together as husband and wife at village Patran and cohabited with each other. Out of the said wedlock, five children (four daughters and a son) were born. One minor daughter is still living with the appellant. Soon after the marriage, the respondent and his family members started maltreating and misbehaving with the appellant. He used to beat her and once tried to strangulate the appellant. The respondent had forced her to bring the motorcycle and under the influence of liquor severely beaten up the appellant and turned her out of the matrimonial home in three wearing clothes. The father of the appellant requested the respondent and his family members to rehabilitate the appellant but they refused to do so. Accordingly, the appellant filed a petition under Section 13 of the Act for a decree of divorce. The trial court vide judgment and decree dated 22.4.2010 dissolved the marriage between the parties by passing a decree of divorce. Thereafter, the appellant filed a petition under Section 25 of the Act for grant of permanent alimony and maintenance till her remarriage or death, inter alia, pleading that she has no source of income. The respondent is working as Senior Lineman at PSPC Grid, SDO Office, Satrana, P.S. Patran, District Patiala and was drawing the salary of Rs. 30,000/- per month. He was also earning by selling the milk and had also given a house on rent. According to the appellant, the respondent had sufficient means to maintain her and her minor child. The respondent contested the said petition by filing a written statement. Various preliminary objections were raised. However, on merits, the averments made in the petition were controverted and a prayer for dismissal of the same was made. From the pleadings of the parties, the following issues were framed by the trial court:--

(2.) The trial court on appreciation of evidence led by the parties, decided issue No. 1 in favour of the appellant holding her entitled to maintenance at the rate of Rs. 6000/- per month from the date of petition till the period during which the respondent is in service. While deciding issue No. 2 against the respondent, the petition was held to be maintainable. Accordingly, the trial court vide judgment dated 26.2.2014 allowed the petition and directed the respondent to pay Rs. 6000/- per month to the appellant as permanent maintenance from the date of petition till the period during which the respondent is in service. Hence, the present appeal.

(3.) We have heard learned counsel for the appellant.