BEASA DEVI Vs. SHIV DAYAL

JUDGEMENT

(1.) The applicant has filed this application under Section 25 (2) of the Hindu Marriage Act, 1955 (for short the 'Act') for the enhancement of the permanent alimony and seeking further directions/clarifications in terms of the liberty reserved vide judgment dated 19.11.2001.

(2.) The brief facts leading to the filing of the present application are that the parties to this application got separated from each other and their marriage was dissolved by a decree of divorce granted by this Court vide judgment dated 08.08.1980 passed in FAO No. 4 of 1977 which was upheld in LPA No. 5 of 1980. However, the application under Section 25 of the Act instituted by the applicant/appellant for permanent alimony in LPA No. 5 of 1980 was allowed by this Court vide judgment dated 29.08.1980 on the following terms:-

(3.) After some time, the applicant/appellant had filed an application which was registered as CMP No. 83 of 1998 for rescinding the decision dated 29.08.1980, however, the same was dismissed vide order dated 13.10.1998 and the applicant was directed to approach the appropriate Court/forum as permissible under law.