Amit Paul vs Rakhi Paul

S. Saikia, J

This appeal is preferred by the appellant husband against the judgment dated 19.9.2016 passed in Title Suit (M) Case No.114/2014 filed under

Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955 by District Judge, Sonitpur at Tezpur in so far as grant of permanent alimony is concerned.

The ground urged by the appellant husband is that he has no fixed income as on date, and no evidence was laid supporting the claim of the

respondent wife in her petition filed under Section 24 of the Hindu Marriage Act, 1955.

As this appeal is taken up along with Mat Appl 5/2017, we have heard learned counsels for the parties on the issue of permanent alimony.

Mat. Appeal No.5/17, titled â€" Smt. Rakhi Paul Vs. Sri Amit Paul is directed against judgment and decree dated 19.09.2016 vide which Title Suit

(M) Case No.114/2014 filed by the respondent for divorce was allowed. In the said case, Issue No.1 reads as -“Whether the petitioner has been

subjected to cruelty by the respondent ? Issue No.2 reads as â€" Whether the Respondent deserted the petitioner without any cause ? The Trial Court

granted divorce while holding that the respondent is entitled to divorce on both the grounds. Thus, both the issues were decided in favour of the

respondent husband (appellant herein).

While dealing with Mat. Appeal No.5/17 (supra), this Court has reversed the finding on Issue No.2 that relates to desertion. The impugned judgment

and decree, however, has been upheld on ground of cruelty â€" Issue No.1

We having considered the matter of grant of permanent alimony at length while dealing with the appeal under adjudication, we find no reason to

interfere.

In view of the above, we decline to interfere with the amount of alimony awarded by the learned trial Court below payable to the respondent wife,

and accordingly, the appeal is dismissed.

No order as to costs.

We direct the appellant husband to deposit the amount awarded as permanent alimony by the learned court below, within a period of 45 days from

the date of this order, to the respondent wife.