MANOJ KUMAR Vs. MEERA AGARWAL

JUDGEMENT

(1.) -In this Letters Patent Appeal directed against the order dated 22nd June, 2004 passed by a learned Single Judge of this Court in F.A. No. 105 of 2003 filed on behalf of the appellant under Section 28 of the Hindu Marriage Act, a question has arisen as to whether the instant appeal is maintainable or not having regard to the amended provisions of Section 100-A of the Code of Civil Procedure.

(2.) The appellant herein filed Matrimonial Case No. 13 of 1994 in the Court of the District Judge, Palamau at Daltanganj under Section 13 of the Hindu Marriage Act for dissolution of marriage and for other reliefs against the respondent No. 1 on the ground of desertion and cruelty. The respondent No.l appeared and contested the suit and made several counter allegations against the appellant in her written statement contending that in view of the said allegations, it was impossible for her to live with the appellant as his wife. She also claimed interest pendente lite and permanent alimony as per the provisions of the Hindu Marriage Act, 1955.

(3.) The Trial Court by its judgment and decree dated 7th September, 2002 decreed the suit and dissolved the marriage and further decreed that the respondent No.l was entitled to receive maintenance at the rate of Rs. 1,000/- per month since after 17th August, 2001 till the date of decree, and final alimony at the raie of Rs. 3,000/- per month till her remarriage and further amount of Rs. 1,00,000/- (Rupees one lakh) towards the property presented to the appellant at the time of marriage.