MANOJ AMBASTHA Vs. LAKSHMY RANI KAPOOR

JUDGEMENT

(1.) We have heard learned Counsel for the Petitioner, Manoj Ambastha and also the Respondent- Smt. Lakshmy Rani Kapoor, who has appeared in person.

(2.) A perusal of the judgment and order under review shows that the present dispute is only in respect of permanent alimony to the Respondent under Section 25 of the Hindu Marriage Act.

(3.) The matrimonial case was initially filed by the husband in the year 1996 before the Principal Judge, Family Court, Patna seeking divorce on various allegations, which were denied by the Respondent-wife but she also levelled counter allegations and a decree of divorce granted on 28-9-2000 attained finality. The issue of permanent alimony was reconsidered by the court below after remand and resulted in grant of alimony by way of monthly payment of Rs. 10,000/-. The wife was dissatisfied and wanted lump sum permanent alimony of Rs. 30 lakhs. Both the parties preferred appeals which have been disposed of by order under review dated 3rd. September, 2010. After noticing the pay-slip of the Petitioner for the month of March, 2010 which shows that after deducting Rs. 2,000/- toward G.P.F, Rs. 2,000/- towards Income Tax and Rs. 120/- for Group Insurance, the Petitioner's net monthly salary was Rs. 40,813/-, this Court has held that instead of Rs. 10,000, monthly amount of Rs. 14,000/- would be appropriate for the present, but considering the hardship faced by her as per discussions in paragraphs 18,19 and 20 of the judgment under review , this Court ordered for payment of a lump sum permanent alimony of Rs. 14 lakhs to the Respondent-wife in installments or in a lump sum within a period of nine months. 50% of the said amount was to be paid within four months and the rest within remaining period of five months. The liability to pay interim maintenance at the rate of Rs. 10,000/- per month was to continue till the entire amount of Rs. 14 lakhs is paid to the Appellant as per judgment and order dated 3rd. September, 2010.