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Judgment
This matter is taken up through hybrid mode.
Heard Mr. B.C. Parija, learned counsel appearing for the appellant-wife.
The appellant-wife has filed this appeal challenging the order dated 22.11.2017 passed in C.P. No.207 of 2013, by which learned Judge, Family Court, Cuttack has decreed the said proceeding against the appellant and held that the marriage solemnized between the parties on 13.12.2002 dissolved by a decree of divorce.
Mr. B.C. Parija, learned counsel appearing for the appellant-wife contended that though decree of divorce was granted by the learned Judge, Family Court, Cuttack no permanent alimony has been granted in favour of the appellant-wife.
In course of hearing, this Court made a query as to whether the grant of permanent alimony in favour of the appellant-wife, without any prayer made before the learned Judge, Family Court, Cuttack, is automatic, when the application under Section 13(1) of the Hindu Marriage Act, 1955 was filed by the respondent-husband. Learned counsel appearing for the appellant-wife wants to examine the same.
Mr. Debasis Tripathy, learned counsel enters appearance for the respondent-husband. Let a copy of this appeal be served on him within three days to enable him to obtain instructions or file counter affidavit.
Put up this matter after three weeks.
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