amount of
Rs.7,50,000/- as permanent alimony to the respondent, though the
petition filed by the appellant-husband under Section ... well
as factual error in granting the above mentioned decree for
permanent alimony and stridhan. No any application under Section
25 of the Hindu Marriage
2014
directing the appellant herein to pay permanent alimony
of Rs.5 lakhs to the respondent.
2. Facts in brief are:
The appellant ... subject of alimony to an aggrieved wife.
While Section 36 deals with alimony
pendente lite to the wife, Section 37 deals
with permanent alimony
Court
below, then this Court be pleased to order for
permanent alimony in favour of the wife and the minor
son. The learned counsel appearing ... objection to consider the oral
application of the respondent-wife for permanent
alimony. Thus, on the point of permanent alimony,
submissions from both sides
Application under section 25 of the said Act
for seeking permanent alimony at the rate of Rs.10,000/- per month.
3. By the impugned ... said Act and directed the Appellant
to pay permanent alimony of Rs.3000/- per month to the Respondent
from the date of the decree till
respondent under Section 26 of
the Hindu Marriage seeking permanent alimony has been dismissed and custody of
minor child has been given to the respondent ... raised a claim for permanent
custody of the child and since she has raised the claim for
permanent alimony under Section 25 or any relief
filed by the appellant wife claiming permanent alimony from the respondent husband. However, in this appeal, the appellant wife has questioned only the dismissal ... permanent maintenance on that account after the said decree. Thus, we have no hesitation to hold that the appellant wife is entitled to permanent alimony
wife,
namely, Anjali Nayak (respondent herein) and her daughter towards
permanent alimony and maintenance. The appellant in this case
essentially challenges the quantum of permanent ... lump sum
amount of Rs.7.00 lakh as permanent alimony and maintenance to the
wife and daughter is excessive, unreasonable and patently illegal. Hence
enhanced the maintenance to Rs. 15000/ per
month by way of permanent alimony, which came to be set aside
along with judgment and decree, still ... respondent husband also
challenged the order of permanent alimony at the rate of Rs.
15,000/ per month which also technically can be said
between the parties and further directed
the appellant herein to pay permanent alimony of Rs.5
lakhs to the respondent within three months from ... direction can be issued to
the appellant to pay the permanent alimony to the
respondent. The Family Court mechanically passed the
order impugned herein, observing
praying to allow the cross objections and
grant permanent alimony as prayed for by the Cross
Objector/Respondent in the interest of justice and
equity ... delivered the
following:
JUDGMENT
Aggrieved by the order of grant of permanent
alimony dated 31.03.2016 in M.C.No.234/2011 passed
by the Principal