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Judgment
I.A. NO.410 OF 2023 AND MATA NO.86 OF 2022
Mr. Mishra, learned advocate appears on behalf of appellant-wife. He submits, though his client has made application under order XLI rule 27 in Code of Civil Procedure, 1908 but there was evidence before the trial Court, not appreciated resulting in direction for permanent alimony at Rs.5,00,000/-. Custody of the son is with his client. The amount is wholly insufficient and made on error and failure to appreciate the evidence. As such, he does not want to press the application.
Mr. Acharya, learned advocate appears on behalf of respondent-husband.
We understand that appellant does not want to press the application because we made observation regarding section 25(2) in Hindu Marriage Act, 1955 enabling appellant to seek his remedy before the trial Court. As such we accept the submission. The application therefore does not require any order to be made. It is disposed of.
List on 13th December, 2023.
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