MANOJ AMBASTHA Vs. LAKSHMY RANI KAPOOR

JUDGEMENT

(1.) Both the appeals under Section 19 of the Family Court Act, 1984 (hereinafter referred to as the Act) arise out of a common order dated 20.8.2005 passed in Matrimonial Case No.28 of 1996 by the Principal Judge, Family Court, Patna under Section 25 of the Act. By the order under appeal, the learned court below has not accepted the claim of the appellant Lakshmy Rani Kappor ( for short the wife) for a lump sum permanent alimony of Rs.30 lakhs but has granted alimony by way of monthly payment of Rs.10,000/-. The wife has preferred Miscellaneous Appeal No.179 of 2006 for decree of her claim of Rs.30 lakhs by way of permanent alimony in one lump sum whereas Manoj Ambastha (for short the husband) has preferred the other appeal on the ground that the award of Rs.10,000/- per month by way of alimony is excessive.

(2.) For proper appreciation of the issue involved in these appeals, a look at the background facts in brief appears to be relevant. The husband brought about Matrimonial Suit No.28 of 1996 under Section 13 of the Hindu Marriage Act, 1955 seeking a decree of divorce against his wife on the grounds of cruelty, desertion and adultery. The allegations were denied by his wife who alleged cruelty on the part of the husband such as by demand of dowry, physical assault etc. On these grounds she also prayed for a decree of divorce which was granted by judgment and decree dated 28.9.2000. However, on some technical ground such as lack of verification and affidavit, the Family Court did not allow permanent alimony.

(3.) The wife challenged the denial of permanent alimony and maintenance before this Court through Miscellaneous Appeal No.587 of 2000. By judgment and order dated 5.3.2003, this Court directed the husband to pay maintenance at the rate of Rs.4,000/- per month till a final decision of her claim for alimony and maintenance under Section 25 of the Hindu Marriage Act and remitted the matter to the Family Court for a decision within four months.