LAWS(P&H)-2019-11-78

GAURAV ARYA Vs. ANANDITA JAIN

Decided On November 01, 2019
Gaurav Arya Appellant
V/S
Anandita Jain Respondents

JUDGEMENT

(1.) The instant appeal has been preferred by Gaurav Arya against the impugned order dated 26.03.2018 passed by the Additional Principal Judge, Family Court, Gurugram, whereby the application filed by him under Section 25(2) of the Hindu Marriage Act, 1955 (for short 'the Act') read with Section 151 CPC seeking modification of the terms and conditions of the permanent maintenance-cum-alimony granted to the respondent was dismissed.

(2.) The marriage between the parties was solemnized on 19.09.2002. Two children were born out of the said wedlock. The appellant had sought a decree of divorce from the respondent under Section 13(1)(ia) of the Act on the ground of cruelty. However, during the pendency of the said petition filed before the learned Court below, a compromise was arrived at between the parties and the petition under Section 13(1)(ia) was converted into a petition under Section 13-B of the Act. It would be pertinent to notice that before the recording of the first motion statement of both the parties under Section 13-B of the Act, a joint statement of the parties was recorded before the District Judge, Family Court on 21.04.2015 which is reproduced as follows:-

(3.) Thereafter, the first motion statement was also recorded on 21.04.2015 which is reproduced as under:-