Punjab-Haryana High Court
Jangir Kaur vs Sukhdev Singh on 13 November, 2014
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal
FAO-M-225 of 2014 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-M-225 of 2014 (O&M)
Date of Decision: 13.11.2014
Jangir Kaur
....Appellant.
Versus
Sukhdev Singh
...Respondent.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
HON'BLE MRS. JUSTICE RAJ RAHUL GARG.
PRESENT: Mr. Simrandeep Singh Sandhu, Advocate for the appellant.
AJAY KUMAR MITTAL, J.
1. In this appeal filed by the wife, challenge is to the judgment dated 26.2.2014 passed by the Additional District Judge, Sangrur, whereby the petition filed by her under Section 25 of the Hindu Marriage Act, 1955 (In short "the Act") for the grant of permanent alimony of ` 20,00,000/- and ` 10,000/- per month till death or till performance of remarriage, was allowed by directing the respondent to pay ` 6,000/- per month as permanent maintenance from the date of petition till the period during which the respondent is in service.
2. The facts, in brief, necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized about 26 years ago at village Khola, Tehsil and District Kapurthala according to Sikh rites and ceremonies. After the marriage, the parties resided together as husband and wife at village Patran and cohabited with each other. Out of the said wedlock, five GURBACHAN SINGH 2014.12.10 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh FAO-M-225 of 2014 (O&M) -2- children (four daughters and a son) were born. One minor daughter is still living with the appellant. Soon after the marriage, the respondent and his family members started maltreating and misbehaving with the appellant. He used to beat her and once tried to strangulate the appellant. The respondent had forced her to bring the motorcycle and under the influence of liquor severely beaten up the appellant and turned her out of the matrimonial home in three wearing clothes. The father of the appellant requested the respondent and his family members to rehabilitate the appellant but they refused to do so. Accordingly, the appellant filed a petition under Section 13 of the Act for a decree of divorce. The trial court vide judgment and decree dated 22.4.2010 dissolved the marriage between the parties by passing a decree of divorce. Thereafter, the appellant filed a petition under Section 25 of the Act for grant of permanent alimony and maintenance till her remarriage or death, inter alia, pleading that she has no source of income. The respondent is working as Senior Lineman at PSPC Grid, SDO Office, Satrana, P.S. Patran, District Patiala and was drawing the salary of ` 30,000/- per month. He was also earning by selling the milk and had also given a house on rent. According to the appellant, the respondent had sufficient means to maintain her and her minor child. The respondent contested the said petition by filing a written statement. Various preliminary objections were raised. However, on merits, the averments made in the petition were controverted and a prayer for dismissal of the same was made. From the pleadings of the parties, the following issues were framed by the trial court:-
1. Whether the petitioner is entitled for the grant of permanent alimony of Rs.20,00,000/- and GURBACHAN SINGH 2014.12.10 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh FAO-M-225 of 2014 (O&M) -3-
Rs.10,000/- per month till death or till performance of remarriage of the petitioner as per the provisions of Section 25 of the HM Act?OPP
2. Whether the petition is not maintainable? OPR
3. Relief.
3. The trial court on appreciation of evidence led by the parties, decided issue No.1 in favour of the appellant holding her entitled to maintenance at the rate of ` 6000/- per month from the date of petition till the period during which the respondent is in service. While deciding issue No.2 against the respondent, the petition was held to be maintainable. Accordingly, the trial court vide judgment dated 26.2.2014 allowed the petition and directed the respondent to pay ` 6000/- per month to the appellant as permanent maintenance from the date of petition till the period during which the respondent is in service. Hence, the present appeal.
4. We have heard learned counsel for the appellant.
5. In this appeal filed under Section 28 of the Act, the limited prayer made by the appellant is that the award of permanent alimony @ ` 6,000/- per month from the date of the petition to the appellant be paid till she remarries or/and in any case for her lifetime whereas it has been directed to be paid till the time the respondent is in service.
6. Notice of motion was issued. The respondent refused to receive the summons and, therefore, was served through affixation. No one has chosen to appear to oppose the prayer made by the appellant in the appeal.
7. Section 25 of the Act reads thus:-
GURBACHAN SINGH2014.12.10 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh
FAO-M-225 of 2014 (O&M) -4- "25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman GURBACHAN SINGH 2014.12.10 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh FAO-M-225 of 2014 (O&M) -5- outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just."
8. Under sub-section (1) of Section 25 of the Act, on an application made either by the wife or the husband, at the time of passing any decree or at any time subsequent thereto, the court shall order the payment of permanent alimony and maintenance which may appear to be just on account for maintenance and support till the life of the applicant keeping in view the various circumstances mentioned therein. Sub-section (2) provides that where the court is satisfied that due to change in the circumstances, the variation is required to be made in the permanent alimony and maintenance awarded by it earlier, it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. According to sub-section (3), where a party in whose favour, an order has been made, has remarried and where if such party is wife that she has not remained chaste, or, where the other party is husband that he has had sexual intercourse with any woman outside wedlock, then at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
9. In view of the above and after hearing learned counsel for the appellant, it would be just and appropriate to modify the order dated 26.2.2014 and it is directed that the appellant shall be entitled to maintenance @ ` 6,000/- per month on account of permanent alimony till she remarries or till her life time whichever is earlier. Needless to say that in terms of sub sections (2) and (3), it shall be open for the affected party to move an application thereunder in accordance with law. GURBACHAN SINGH 2014.12.10 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh
FAO-M-225 of 2014 (O&M) -6-
10. The appeal stands disposed of accordingly.
(AJAY KUMAR MITTAL)
JUDGE
November 13, 2014 (RAJ RAHUL GARG)
gbs JUDGE
GURBACHAN SINGH
2014.12.10 14:36
I attest to the accuracy and
authenticity of this document
High Court Chandigarh