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2020 DIGILAW 33 (GAU)

Rudra Bora v. Juri Bhuyan Bora

2020-01-08

AJAI LAMBA, SOUMITRA SAIKIA

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JUDGMENT : Ajai Lamba, J. 1. Husband-appellant has preferred this appeal against the judgment and decree dated 30th May, 2019 rendered by the Additional District and Sessions Judge No. 2, Nagaon, Assam in Mat. Suit (D) Case No. 48 of 2016, Juri Bhuyan vs. Rudra Borah. It is evident that the wife preferred the petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for dissolution of marriage by decree of divorce. Vide the judgment dated 30th May, 2019 (supra), the petition was allowed on contest. The marriage was dissolved. A sum of Rs. 5 lakhs has been awarded to the wife as permanent alimony. 2. The husband has preferred this appeal on the premise that decree of divorce is accepted, however, the alimony as awarded by the Lower Court stands challenged. 3. Contention of learned counsel for the appellant husband is to the effect that permanent alimony could not have been awarded without an application having been filed by the wife. 4. We have referred to the provision of Section 25 of the Hindu Marriage Act, 1955. Section 25 reads as under: "25. Permanent alimony and maintenance - (1) Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just." 5. We have referred to the divorce petition as filed by the respondent wife, which is dated 14th July, 2016. Prayer (B) of the divorce petition is in the following terms: "(B) A decree for permanent alimony be passed in favour of the petitioner and thereby direct the opposite party to pay an amount of Rs. 20,00,000/- (Rupees twenty lakhs) only to the petitioner in a single installment." 6. In paragraph-9 of the petition for divorce, it has been pleaded that the husband is well established in the society. The husband got married for the second time and has been residing happily. We have also referred to the affidavit-in-evidence filed by the wife. The affidavit-in- evidence appears to be on similar grounds as the petition for divorce. 7. Considering the pleadings and the evidence, learned counsel for the appellant has not been able to justify the contention to the effect that the wife had not applied for permanent alimony. 8. Considering the pleadings, in peculiar facts and circumstances of the case, and also to balance the equities between the parties, we find no reason to interfere. The sum of Rs. 5 lakhs as permanent alimony under Section 25 of the Hindu Marriage Act, 1955 appears to be reasonable. 9. The appeal is dismissed. 10. The sum of Rs. 1,50,000/- deposited by the appellant may be withdrawn by the respondent-wife. The appellant-husband is hereby directed to pay the rest of the amount i.e. Rs. 3,50,000/- (through the Court of the Additional District Judge No. 2, Nagaon) within a period of five weeks from today.