SMT. DURGA Vs. SHANTI LAL

JUDGEMENT

(1.) Learned counsel for the appellant submits that though divorce has been granted, the question of permanent alimony has not been considered. It is however fairly acknowledged that no separate application under Section 25 of the Hindu Marriage Act, 1955 (hereinafter "the Act of 1955") had been filed by the appellant before the Family Judge. Counsel for the appellant submits that he has no objection to the disposal of the appeal with liberty to file an application under Section 25 of the Act but apprehends that the respondent who did not appear before the Family Court despite valid service of notice may again evade appearance before the Family Judge and which may delay the matter unnecessarily.

(2.) We have considered the submissions and find no error to the extent that the Family Judge has not granted any relief for permanent alimony as it is not the case of the appellant that she had filed any application for the same. If the appellant files an application under Section 25 of the Act, the Family Judge is required to hear the parties and dispose the same in accordance with law.

(3.) Since the present order is being passed in presence of the counsel for the respondent, if he does not enter appearance before the Court below, he shall do so at his own peril. It is expected that any such application, subject to cooperation of the parties, shall be disposed by the Family Judge as expeditiously as possible without granting unnecessary adjournments.