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Judgment
D.N. Patel, J.
I.A. No.7518 of 2018
There is delay of 28 days in preferring the present First Appeal, which is condoned looking to the reasons assigned in this application.
I.A. No.7518 of 2018 stands allowed and disposed of.
First Appeal No.26 of 2018
Having heard learned counsel for the appellant and looking to the facts and circumstances of the case, it appears that no case is made out at all by this appellant for enhancement of the permanent alimony, which has been granted by the Principal Judge, Family Court, Ranchi, while deciding Original Suit (MTS) No.529 of 2014, for divorce between the parties to this litigation.
The divorce application was preferred by the respondent before the Principal Judge, Family Court at Ranchi being Original Suit No.529 of 2014, which was allowed by the trial court and permanent alimony of Rs.6,50,000/- was awarded.
Counsel appearing for the appellant has submitted that the respondent is having one dozen flats. He has also stated that there are few open plots with the respondent at Ranchi as well as in the district of Palamau.
Nothing is substantiated by the counsel for the appellant neither any flat number is given nor any address is given where the flat is situated. Similarly neither the plot number at Ranchi or at Palamau is given. Thus, there is no head and tail could be matched by the counsel for the appellant for the enhancement of the permanent alimony.
Moreover, it appears that in the trial court initially there was an application for divorce by mutual consent. Rs.5,00,000/- was to be paid by the husband to the wife, but, later on it could not be materialized, because this appellant had withdrawn her consent.
Be that as it may, the fact remains that the learned trial court has awarded permanent alimony of Rs.6,50,000/-.
One more application for divorce was preferred by this appellant being M.T.S. No.68 of 2013, wherein she had prayed for Rs.5,00,000/- as permanent alimony.
Thus, looking to the totality of the facts and circumstances of the case, it appears that permanent alimony awarded by the trial court is just, proper and equitable.
It is alleged by the appellant that the respondent is having income of Rs.10,000/- per month. Thus, we see no reason to entertain this First Appeal, as no error has been committed by the learned trial court while awarding permanent alimony of Rs.6,50,000/-.
This First Appeal is argued only for enhancement of permanent alimony, and that too, without any basis, hence, this First Appeal is, hereby, dismissed