KULWANT KAUR Vs. JAIMAL SINGH

JUDGEMENT

(1.) The appellant-wife had filed a petition under section 13 of the Hindu Marriage Act for dissolution of her marriage with respondent Jaimal Singh. The respondent-husband was proceeded against ex-parte resulting an ex-parte decree of divorce in favour of the appellant. The District Judge, while granting ex-parte divorce to the appellant, has also allowed the application under section 25 of the Hindu Marriage Act and directed the respondent to pay a sum of Rs. 5,000/- per month to the appellant.

(2.) It is pertinent to mention that the respondent-Jaimal Singh has opted not to file any appeal against the decree for dissolution of marriage dated 13.10.2016, till date, meaning thereby, that the decree of divorce has become final between the parties.

(3.) The appellant has preferred this appeal solely for enhancement of the amount of permanent alimony awarded at the rate of Rs. 5,000/- per month under section 25 of the Hindu Marriage Act claiming that the amount is inadequate taking into consideration the property of the respondent. She claims that the husband is owner of 5 acres of land and is owner of brick kiln and a factory meant for tile manufacturing. Since the respondent was ex-parte before the lower Court, the claim of the appellant for permanent alimony under section 25 of the Hindu Marriage Act remained uncontested.