Barsa Kumari vs Surendra Prasad

Heard learned counsel for the appellant and learned counsel for the respondent.

The appellant is aggrieved by the Judgment and Decree dated 21.01.2012 passed by learned Principal Judge, Family Court, Hazaribagh, in M.T.S. No.36 of 2006, whereby the matrimonial suit filed by the respondent husband has been decreed by the Court below, and the marriage between the parties has been dissolved by a decree of divorce passed under Section 12(1)(b) and 13(1)(i-a) of the Hindu Marriage Act. The Court below has also directed the petitioner respondent to make payment of Rs.2,00,000/- (two lacs) to the appellant wife as permanent alimony and further to pay Rs.3,000/- (three thousand) per month as maintenance till her re-marriage.

The petitioner respondent has filed the suit for dissolving of marriage between the parties, in which it was stated that both the parties were married on 27.06.2004 at Ramgarh, according to Hindu rites and customs. A girl child was born out of the wedlock, but it is alleged that soon after marriage, the husband discovered that his wife was not behaving normally and she was suffering from mental disease also. Also alleging cruelty to the petitioner and his family members, the suit for decree of divorce was filed by the petitioner respondent.

The suit was contested by the appellant wife and allegations made against her was denied by the appellant herein. However, the Court below while discussing the evidence on record has also noted that in her cross-examination, the wife admitted that occasionally she becomes abnormal. The Court below has also noted the behaviour of the wife, while she was being cross-examined in the Court below, and it is stated that the manner of answers given by her were not normal. The Court below accordingly, decreed the suit for divorce and directed to make payment of the mount of permanent alimony and monthly maintenance as discussed above.

Though we have heard learned counsels for both the sides on merits in detail, but upon going through the evidence on record, particularly the behaviour of the appellant noted by the Court below, we are not inclined to interfere with the Judgment passed by the Court below dissolving the marriage between the parties by a decree of divorce. However, we are not satisfied with the amount of alimony and maintenance that has been granted to the appellant wife by the Court below.

Accordingly, while maintaining the decree of divorce passed by the Court below, we hereby, direct the respondent to make the payment of Rs.5,00,000/- (five lacs) to the appellant as permanent alimony and further to make payment of Rs.5,000/- (five thousand) per month to the appellant wife for her maintenance till her re-marriage. In the facts of the case, we are satisfied that it should be minimum, which should be paid to the appellant wife. We are informed that the child born out of the wedlock is in custody of the father and she is being looked after by the father.

A counter affidavit has been filed on behalf of the respondent stating that he has already complied the Judgment of the Court below by making payment of Rs.2,00,000/- (two lacs) by cheque and monthly allowance of Rs.3,000/- (three thousand) was also being paid. The fact is, however, disputed by learned counsel for the appellant and it is stated that the cheque has been deposited by the respondent in the Court below. If that be so, the cheque must have expired by now.

The respondent is directed to make fresh payment through Demand Draft of Rs.5,00,000/- (five lacs) in favour of the appellant within a period of two months from today. The monthly allowance of Rs.5,000/- (five thousand) is to be paid w.e.f. today and the arrears, if any, of the monthly maintenance amount must also be deposited by the respondent by way of Demand Draft in favour of the appellant within the same period of two months from today. The appellant wife shall be entitled to receive the Demand Drafts from the Court below.

This appeal is accordingly, disposed of with the directions as above. The impugned Judgment and Decree passed by the Court below stands modified to the aforesaid extent.

Let the Lower Court Record be sent back forthwith along with a copy of this order.