IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2580 OF 2009 (Arising out of S.L.P. (C) No.10847 of 2006)

Medha Ashok Panchabhai      ...Appellant(s)

Versus

Ashok Atmaram Panchabha      ...Respondent(s)

O  R  D  E  R

Leave granted.

The appellant and respondent were married on 7.2.1988 and a daughter,  who was, later on, named as Aditi, was borne to them on 7.3.1993.  After nine years of  

the marriage, the appellant  filed a petition under Section 13(1) (i-a) of the Hindu  Marriage Act, 1955 (for short, ‘the Act’) for grant of divorce.  She pleaded desertion  

and cruelty as the grounds for divorce. The respondent denied all the allegations and  pleaded that the appellant had deserted her and caused mental cruelty.  The Trial  

Court  framed three  issues,  two  of  which  related  to  desertion  and  cruelty.   After  considering the evidence produced by the parties, the Trial Court decided the issues  

of desertion and cruelty against the appellant but granted divorce on the ground that  both the parties were desirous of dissolving the marriage and relations between them  

were  such  that there was no possibility of reunion in ....2/-

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future. Accordingly, the Trial Court allowed the petition filed by the appellant and  passed a decree of dissolution of marriage with a direction to the respondent to pay  

lumpsum  amount  of  rupees  thirty  thousand  to  the  appellant  towards  permanent  alimony under Section 25 of the Act for herself and her daughter Aditi.

Feeling aggrieved by the findings recorded by the Trial Court on the issues  of desertion and cruelty, the appellant filed an appeal which was partly allowed by the  

5th Addl. District Judge, Nashik.  The Appellate Court held that the respondent had  subjected the appellant to cruelty but confirmed the finding recorded by the Trial  

Court on the issue of desertion. The Appellate Court also set aside the direction given  by the Trial Court regarding payment of rupees thirty thousand towards permanent  

alimony to the appellant and her daughter and held that the same would be confined  to  the appellant.   The  second appeal  preferred  by the  appellant  in the  matter  of  

permanent  alimony  was allowed by  the  High  Court  and it  was declared  that  the  petitioner shall be entitled to permanent alimony of rupees two thousand per month  

including the maintenance of minor daughter with effect from the date of application  for divorce.   Feeling dissatisfied, the appellant has filed this appeal by special leave.   

Learned counsel for the appellant argued that permanent alimony granted  by the High Court is very meager and the same is wholly insufficient for sustaining  

the appellant and her daughter.  She fairly admitted that her client is receiving rupees  one thousand five hundred per month by doing a temporary job but submitted that  

keeping in view the income of the respondent, the High Court should have awarded  higher amount by way of permanent alimony.

....3/-

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The respondent, who has appeared in person, stated that his present salary  is rupees twelve thousand per month.  He also gave out that after divorce, he has  

contracted second marriage and has a daughter from that marriage. We  have  considered  the  respective  submissions.  Taking  into  the  

consideration the quantum of monthly earnings of the appellant and respondent as  also the need of their respective families, we are of the view that it would be just and  

expedient to fix the quantum of permanent alimony payable to the appellant and her  daughter at the rate of rupees four thousand per month.

Accordingly,  the  appeal  is  allowed  in-part  and  the  impugned  order  is  modified by directing that respondent shall  pay maintenance at the rate of rupees  

four thousand per month to the appellant and daughter from the date of filing the  petition for divorce.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 13, 2009.