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Judgment
Mr. Chakravarty, learned advocate appears on behalf of appellant-wife and submits, impugned is common judgment dated 18th January, 2019 in dealing with the civil as well as the criminal proceedings. The civil proceeding was for dissolution of the marriage brought by respondent-husband and the criminal proceeding, on his client having had applied for maintenance under section 25 in Code of Criminal Procedure, 1973.
The appeal has been pending for a while and considering the situation his client has instructed that in event respondent-husband pays permanent alimony or there is enhancement of the maintenance, his client will not press the appeal against the dissolution.
Mr. Sarangi, learned advocate appears on behalf of respondent-husband and submits, he relies on judgment of the Supreme Court in Rajnesh v. Neha, reported in (2021) 2 SCC 324, wherein the Supreme Court said permanent alimony is to compensate the wife for sacrifices she made but here appellant-wife was cruel to his client in deserting him at the time he was suffering kidney failure. He was fortunate to thereafter have a transplant.
Adjournment is granted for respondent-husband to consider, on keeping aside his emotion, the position taken on behalf of appellant-wife, for there to be settlement and disposal of the appeal. In so saying, it should not be taken that submissions made on behalf of the husband have been acted upon.
List on 26th February, 2024.
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