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Uttarakhand High Court · body

2020 DIGILAW 517 (UTT)

ARTI v. VIVEK SHARMA

2020-12-01

ALOK KUMAR VERMA, SUDHANSHU DHULIA

body2020
JUDGMENT By the Court This case has been heard through video conferencing. 2. This is wife's appeal under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984, against the order of the Principal Judge, Family Court, Dehradun dated 23.03.2017, whereby her petition for dissolution of marriage and for custody of her daughter has been allowed but she has not been granted any permanent alimony. To that limited extent, she had challenged the findings of the trial court. There is no appeal of the husband before this Court. 3. We have heard Mr. Vipul Sharma, learned counsel for the appellant and Mr. Parikshit Saini, learned counsel for the respondent at length. 4. A right to maintenance, a statutory right, is a piece of social welfare legislation. The legislature while codifying the Hindu Marriage Act, 1955 preserved the right of permanent maintenance. Therefore, while considering such a legislation, a liberal and progressive approach should be adopted since Section 25 of the said Act is enacted with a specific object and purpose. Therefore, it is obligatory for the court to grant full opportunity to the concerned parties to substantiate their rival contentions by leading their evidences. 5. Having heard the learned counsels for the parties, we are of the considered opinion that the findings of the trial court on assessment of income of the appellant as well as assessment of income of the respondent i.e. her husband is rather sketchy. We therefore remand the matter back to the trial court, who shall hear the parties and assess the financial position of both the husband as well as the wife and thereafter make a reasoned determination as to the permanent alimony, if any, to be given to the wife. 6. Considering that it is a matrimonial matter, we also request the learned Family Judge, before whom the matter shall ultimately go, to expedite the matter and dispose it of as expeditiously as possible, but definitely within a period of three months from the date the records of this case are received by the learned Family Judge. 7. First appeal stands disposed accordingly.