MUKESH KUMAR Vs. SUNITA

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband challenging the judgment and decree dated 11.12.2009 passed the District Judge, Sonipat to the extent of giving directions to him to pay a sum of Rs. 1 lac to the respondent-wife towards permanent alimony, while granting divorce in his favour in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act"). The appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce alleging therein that the marriage between the parties was solemnized on 31.1.2006 as per Hindu rites and ceremonies at village Siwana Mal, Tehsil Safidon, District Jind. The said marriage was consummated by the parties. Out of the wedlock, one baby boy, namely, Akash was born. The said child is in the custody of the appellant. The respondent was in the habit of harassing and torturing the appellant and her parents interfered in the affairs of the family of the appellant. In August, 2006, the father-in-law of the appellant took the respondent along with her saying mat her mother was sick. The appellant took her back with the help of the respectables of the society. Thereafter, a criminal complaint for the offences under Sections 498-A, 406 of the Indian Penal Code was filed against the appellant and his family members. Another petition under Section 125 of the Code of Criminal Procedure for the grant of maintenance which was dismissed as withdrawn on 30.4.2007. On 5.8.2007, the respondent left her matrimonial home without the knowledge and consent of the appellant. Thereafter, she did not return to her matrimonial home. The efforts made by the appellant to bring her back failed. Accordingly, the appellant filed the petition for divorce. The said petition was contested by the respondent by filing a written statement. Besides raising various preliminary objections, it was pleaded that the appellant and his family members were greedy persons and they demanded a motorcycle and Rs. 50,000/- in cash. Since their illegal demands were not fulfilled, they started harassing and torturing the respondent. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed various issues and on appreciation of the oral as well as documentary evidence led by the parties, allowed the divorce petition vide judgment and decree dated 11.12.2009. While dissolving the marriage between the parties by a decree of divorce, the trial court directed the appellant to pay Rs. 1 lac to the respondent towards permanent alimony. Hence, the present appeal to the extent of paying Rs. 1 lac towards permanent alimony to the respondent.

(2.) Learned counsel for the appellant submitted that the trial court had wrongly directed the appellant to pay Rs. 1 lac to the respondent towards permanent alimony particularly when there was neither any application which was moved nor any prayer made for permanent alimony by the respondent.

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