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Madhya Pradesh High Court · body

2014 DIGILAW 1237 (MP)

Lakshmi Kushwah v. Khem Chand Kushwah

2014-09-29

S.K.GANGELE, S.K.PALO

body2014
JUDGMENT S.K. Palo, J. Heard. 1. Challenge has been made to the judgment dated 17th December, 2008, passed by the Principal Judge, Family Court, Gwalior in Case No. 383/2007, whereby learned Family Court has allowed the application filed by the respondent/husband and granted decree of divorce. 2. Facts which are not disputed are that the marriage of the appellant and respondent was solemnized on 6.12.1993 according to Hindu customs. Due to their wedlock two daughters are born, one of the daughter is living with the appellant, whereas the other daughter is living with the respondent. 3. The learned counsel for the appellant has fairly conceded that the appellant and the respondent are living separately since almost 8-9 years and the possibility of their re-unite is bleak. 4. The Hon'ble Supreme Court has stated that as a result of some situations, the marriage may become a fiction and although supported by a legal hue, such bond ought to be severed. (Samar Ghosh Vs. Jaya Ghosh, (2007) 4 SCC 511 ). 4. As that it may be, we are inclined to uphold the impugned judgment and decree of divorce granted in favour of the respondent. But, we at the same time, cannot loose sight of provision of alimony to the appellant/wife. In this regard, we fortify our view by referring to the judgment of the Apex Court rendered in U. Sree Vs. U. Srinivas, (2013) 2 SCC 114 where the Apex Court has stated that :- Grant of permanent alimony to wife – Factors to be considered. No arithmetic formula, held, can be adopted therefore – However, status of parties, their respective social needs, financial capacity of husband and other obligations must be taken into account – Duty of Court is to see that wife lives with dignity and comfort and not in penury – Though living need not be luxurious, Court has to act with pragmatic sensibility that wife does not meed any kind of man-made misfortune. 5. Looking to the standard of the appellant and respondent, we fixed one time permanent alimony Rs. 5,00,000/- (Rs. Five Lakhs) to the appellant/wife, which shall be deposited before the learned Family Court out of which Rs. 2,50,000/- shall be kept in fixed deposit in name in a nationalized bank which would be utilized for her benefit. 5. Looking to the standard of the appellant and respondent, we fixed one time permanent alimony Rs. 5,00,000/- (Rs. Five Lakhs) to the appellant/wife, which shall be deposited before the learned Family Court out of which Rs. 2,50,000/- shall be kept in fixed deposit in name in a nationalized bank which would be utilized for her benefit. The deposit shall be made in such a manner so that the appellant wife would be in a position to draw maximum quarterly interest. Rest amount be paid to the appellant by account payee cheque for meeting her immediate needs: Respondent/husband has to pay alimony in the Family Court, Gwalior in the following manner :- (1) 50% of the amount has to be paid within thirty days from today. (2) 25% be deposited within two months from the deposit of first installment. (3) Another 25% be deposited in the Family Court within two months from the date of second installment. If respondent/husband fails to deposit the said amount, the decree of divorce in his favour will be deemed inoperative. 6. Accordingly, appeal allowed to the extent as indicated herein above.