SUKHBIR KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This appeal has arisen from the judgment and decree dated 4.9.2015 by which the respondent-husband has been granted decree of divorce under Section 11 of the Hindu Marriage Act, 1955 ('Act' for short).

(2.) Learned counsel for the appellant has submitted that the appellant is entitled to permanent alimony in terms of Section 25 of the Act but learned counsel for the respondent has submitted that once the marriage of the appellant with the respondent has been held to be null and void, after decree has been passed under Section 11 of the Act, the question of award of permanent alimony does not arise at all.

(3.) In view of the aforesaid contentions raised by learned counsel for the parties, the question that would arise for adjudication in the appeal before this Court is as to whether the appellant-wife would be entitled to permanent alimony even if a decree has been passed against her under Section 11 of the Act ?