PANKAJ KUMAR Vs. SMT. YASHODA

JUDGEMENT

(1.) The present appeal has been filed by the appellant/husband, Pankaj Kumar, against respondent/wife, Smt. Yashoda, aggrieved by the impugned order dated 14.09.2006, by which the learned District Judge, Bhilwara, in an application under Sec. 25 of the Hindu Marriage Act, 1955, directed payment of monthly maintenance amount to the respondent/wife. The operative portion of the order impugned is quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...

(2.) Mr. Manish Shishodia, learned counsel for the appellant/husband submitted that decree of divorce by mutual consent was already granted by the learned District Judge, Bhilwara, in application under Sec. 13-B of the Hindu Marriage Act, 1955, in Case No. 132/2003-Yashoda Vs. Pankaj Kumar on 24.02.2005 ; and at that time, it was agreed between the parties that there was no monetary due remained about the maintenance between the parties. The said order dated 24.02.2005 under Sec. 13-B of the Act is also quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...

(3.) In the present appeal on 27.01.2016, the following order was passed by this Court for exploring the possibility of mutual settlement of the dispute between the parties in the present case under Sec. 25 of the Hindu Marriage Act, which was filed by the respondent/wife, Smt. Yashoka despite the previous order dated 24.02.2005 indicating therein that learned District Judge has granted divorce decree by mutual consent and noted that no money was due thereunder, still a sum of Rs. 1,00,000.00 as permanent alimony was indicated to be paid by the appellant, Pankaj Kumar, to the respondent, Smt. Yashoda. The order dated 27.01.2016 passed by this Court reads as under:-