IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
R. Subhash Reddy & A. Shankar Narayana, JJ.
Aneel Kaur – Appellant
Vs.
Jaya Chandra – Respondent
Family Court Appeal No. 152 of 2007 & Cross-Objections (Sr.) No. 29318 of 2008
Decided On : 5.9.2014
Hindu Marriage Act, 1955 - Section 25 - Family Courts Act, 1984 - Section 19 – Divorce petition - Appeal is filed petitioner in aggrieved by order passed by Family Court - Seeking permanent alimony of crore in part and directed respondent to pay an amount of lakhs within a period of six months from date o order with interest thereafter - This appeal is filed by petitioner seeking enhancement of permanent alimony from lakhs to Rs crore and cross-objections are filed by respondent questioning order of Family Court granting lakhs towards permanent alimony - There was dispute between parties on application filed by respondent for grant of divorce –Ultimately in Civil Appeal Honble Supreme Court by ordered for dissolution of marriage between petitioner and respondent and for grant of decree of divorce in favor of respondent - In year respondent filed on file of Family Court seeking divorce - As against common order in both C.M. As appeals were filed before Honble Supreme Court and Honble Supreme Court has ordered for dissolution of marriage and for grant of decree of divorce as sought by the respondent – Held, It is to be held in this case that conduct of petitioner-wife is abominable and therefore is not entitled to claim any amount towards permanent alimony from respondent-husband - A spouse claiming permanent alimony must come forward by disclosing all necessary facts with regard to her income properties etc in petition filed - In this case petitioner-wife has suppressed material facts with regard to her investments in shares and mutual funds - When same was confronted to her in cross-examination categorically admitted same - In addition to her disentitlement having regard to her conduct further it is to be noted that petitioner-wife is having sufficient income as a medical practitioner working as freelance consultant and in view of shares and debentures held by her apart from LIC policies and other asset are of the view that is not entitled for any amount towards permanent alimony from respondent-husband - For aforesaid reasons are of view that impugned order of Family Court granting lakhs as permanent alimony to petitioner-wife is fit to be set aside by allowing cross-objections - Appeal dismissed (Para 20)
R. Subhash Reddy, J.
1. The Civil Miscellaneous Appeal, in F.C.A. No. 152 of 2007 is filed under Section 19 of the Family Courts Act, 1984 by the petitioner in I.A. No. 664 of 2006 in F.C.O.P. No. 260 of 1997, aggrieved by the order dated 07.09.2007 passed by the Family Court, Hyderabad.
2. For the purpose of disposal, we refer to the parties as arrayed before the Family Court.
3. By the aforesaid order, the Family Court allowed the petition filed by the petitioner under Section 25 of the Hindu Marriage Act, 1955, seeking permanent alimony of Rs. 1 crore, in part, and directed the respondent to pay an amount of Rs. 15 lakhs within a period of six months from the date of the order, with 9% interest thereafter. This appeal is filed by the petitioner seeking enhancement of the permanent alimony from Rs. 15 lakhs to Rs. 1 crore and cross-objections are filed by the respondent questioning the order of the Family Court, granting Rs. 15 lakhs towards permanent alimony.
4. Earlier, there was dispute between the parties on the application filed by the respondent for grant of divorce. Ultimately, in Civil Appeal Nos. 7763 and 7764 of 2004, the Hon'ble Supreme Court, by order dated 02.12.2004, ordered for dissolution of marriage between the petitioner and the respondent and for grant of decree of divorce, in favour of the respondent. In the year 1997, respondent herein filed O.P. No. 260 of 1997 on the file of the Family Court, Hyderabad, seeking divorce. The said O.P. was disposed of on 19.02.2001, granting judicial separation. As against the same, the respondent filed C.M.A. No. 2366 of 2001 and the petitioner filed C.M.A. No. 2124 of 2001 before this Court and by common order dated 27.09.2002, this Court allowed the C.M.A. filed by the petitioner and dismissed the C.M.A. filed by the respondent. As against the common order in both the C.M. As., appeals were filed before the Hon'ble Supreme Court and the Hon'ble Supreme Court has ordered for dissolution of marriage and for grant of decree of divorce as sought by the respondent.
5. Subsequent to disposal of the appeals by the Hon'ble Supreme Court, I.A. No. 664 of 2006 is filed by the petitioner before the Family Court, Hyderabad under Section 25 of the Act seeking permanent alimony of Rs. 1 crore.
6. The petitioner is a Doctor by profession. She initially joined on salary basis in the hospital owned by the father of the respondent. It is her case that after her joining the hospital, herself and the respondent started A.K.J. Medical Services as partnership firm and developed the same. It is alleged that, now, the respondent is encashing on the reputation of the said clinic by styling the same as A.K.J. Chest Clinic, and the petitioner is deprived of her income and financial security. It is further alleged that though the said firm is dissolved, accounts have not been settled. It is also alleged that she had spent the best of her life for the family and family concern, but she is deprived of fruits of her hardwork. Further, pleading that respondent owns properties worth Rs. 5 crores, whereas the properties owned by her are worth about Rs. 55.00 lakhs and the annual income of the respondent is Rs. 25.00 lakhs, whereas her annual income is about Rs. 4.00 to 5.00 lakhs, she prayed for grant of permanent alimony of Rs. 1 crore.
7. The respondent filed counter before the Family Court. In the counter, while admitting grant of divorce by the Hon'ble Supreme Court, the following averments are made:
Petitioner is attached to various hospitals like Sai Vani and Care Hospital and as she is in possession of several properties, she is not entitled for any permanent alimony. Petitioner is earning well. Her properties are worth about Rs. 3 crores. She purchased a brand new car and has got lot of savings. She gave 40 lilies on his 40th birthday. Lilies are given on the death of a person, more so on a sad demise, while roses are given as a sign of happiness. She also purchased Getz car and both her cars
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