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2017 DIGILAW 810 (GAU)

Jyoti Bhuyan D/o Tusheshwar Bhuyan v. Narayan Deka S/o Puabor Deka

2017-06-19

AJIT SINGH, MANOJIT BHUYAN

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JUDGMENT AND ORDER : 1. This appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed by the wife-Jyoti Bhuyan-challenging the legality and validity of the impugned judgment and decree dated 25.6.2014 and 4.7.2014 respectively passed by the Additional District Judge, Nagaon, in Title Suit (D) No. 35/2007, dissolving the marriage between the parties and awarding permanent alimony of Rs. 3,00,000/- to her to be paid within 4(four) months by respondent/husband-Narayan Deka. 2. The brief facts are these. Appellant was married to the respondent on 3.5.2001 and they started to live together in the matrimonial home. The respondent is an employee under Central Industrial Security Force and he was posted in Uttar Pradesh. After about 40(forty) days of their marriage, on 18.6.2001 respondent had to leave for his place of posting leaving appellant with his family members. But, appellant started treating his family members rudely and on 25.7.2001 left for her maternal home on the false pretext of her mother’s illness. When on 16.8.2001, respondent returned home and came to know about desertion of his wife, he went to her parental home to bring her back, but in vain. He was allegedly manhandled and threatened with dire consequences on his refusal to stay in the house of his in-laws. He also sent his brother to bring her back, but without any fruit. So, finding no alternative, he had to file the suit for divorce. 3. Appellant contested the suit denying the allegations levelled against her and alleged that he and his family members used to demand dowry from her and on her inability to satisfy their demands, they used to torture her. She was even blamed for having illicit relationship with her own brother and when her father visited her, respondent physically assaulted her and hence, she was brought to her parental home by her brother. She then filed a case under Section 498-A of Indian Penal Code and also filed a petition for maintenance. 4. Both the parties adduced evidence and the District Judge decreed the suit on contest vide the abovementioned impugned judgment and decree. 5. Appellant has filed this appeal on very limited ground on the quantum of permanent alimony only. Both the parties resided for about two (2) months as husband and wife and there is no issue from the marriage either. Respondent earns a salary of Rs. 5. Appellant has filed this appeal on very limited ground on the quantum of permanent alimony only. Both the parties resided for about two (2) months as husband and wife and there is no issue from the marriage either. Respondent earns a salary of Rs. 18,935/- per month and the sum of Rs. 3,00,000/- seems to be sufficient. However, the learned counsel for the respondent has agreed to pay an additional sum of Rs. 1,00,000/- towards permanent alimony. After hearing the learned counsel for the parties and perusing the records, we are of the considered view that a sum of Rs. 4,00,000/- would be just, adequate and proper alimony considering the social status and age of the parties vis-a-vis monthly income of the respondent. The respondent has already paid Rs. 3,00,000/- to the appellant. He will now pay Rs. 1,00,000/- to her within 60(sixty) days from today. 6. Accordingly, the appeal is allowed to the above extent. The appeal is partly allowed.