VIBHA SINGH Vs. DILIP KUMAR SINGH

JUDGEMENT

(1.) Original Suit No. 30 of 2003/Matrimonial Title Suit No. 30 of 2003 (hereinafter referred to as Original Suit No. 30 of 2003) filed by Smt. Vibha Singh @ Bebi Kumari Singh who was the wife of Dilip Kumar Singh has been decreed vide judgment dtd. 7/3/2006 and the marriage solemnised between them on 19/5/1995 was dissolved with a direction to Dilip Kumar Singh to pay a sum of Rs.1,000.00 per month to Smt. Vibha Singh from the date of the decree in Original Suit No. 30 of 2003.

(2.) The appellant filed an execution case vide Miscellaneous Execution Case No. 3 of 2006 in Original Suit No. 30 of 2003 for compliance of payment of Rs.1,000.00 per month. About eleven years thereafter, an application under Sec. 25(2) and (3) of the Hindu Marriage Act, 1955 (in short, HM Act) was filed by Dilip Kumar Singh on the ground that his wife had been living an adulterous life in respect of which a finding was recorded in Maintenance Case No. 63 of 1997, however, that was suppressed by her, or, not considered by the Principal Judge, Family Court, Ranchi while granting maintenance and decreeing the divorce suit.

(3.) The aforesaid application under Sec. 25(2) and (3) of the HM Act has been allowed, against which the present First Appeal has been preferred.