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Judgment
Mr. Padhy, learned advocate appears on behalf of respondent-husband. He submits, his client is aggrieved by judgment dated 7th February, 2020 of the family Court inasmuch as exorbitant amount was directed to be paid as permanent alimony.
Mr. Rath, learned advocate appears on behalf of appellant-wife and draws attention to paragraph-14 of impugned judgment.
Mr. Padhy submits, he had submitted on instruction of his client that he was ready and willing to pay immediately Rs.4,50,000/-as permanent alimony. Considering there is a daughter from the marriage, who we are told is 14 years old, we are not inclined to make any observation in direction of parties arriving at a settlement.
Perused impugned judgment. There is clear finding in it that statutory period of 2 years was not complied with by respondent-husband in having filed for divorce on ground of desertion. However, the Court below, in view of around 8 years having elapsed since initiation of the proceeding and the parties not willing to reconcile, dissolved the marriage on direction of permanent alimony at Rs.8,50,000/-.
The ground for dissolution of marriage provided by clause (i-b) in section 13(1) of Hindu Marriage Act, 1955 is clear, regarding when a petition for dissolution on the ground can be presented. It is not before 2 years have elapsed from the time of desertion. There is clear finding in the judgment that desertion was alleged on 27th April, 2012 and the petition filed on 21st September, 2012. In the circumstances, ground taken for desertion in the petition was misconceived. We appreciate the anguish of the Court below but under the law there could not have been dissolution of marriage decreed.
Impugned judgment is set aside. The appeal is accordingly disposed of.
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