The court considered the means of the parties and the best interest of the children in determining the alimony and custody issues.

Nilu Agrawal, J.

1. The two miscellaneous appeal being M.A. No. 528 of 2012 (Rajiv Roshan v. Sarika) and M.A. No. 204 of 2013 (Sarika v. Rajiv Roshan) arise out of judgment and decree dated 28.4.2012, passed by Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 242 of 2004 by which divorce petition filed by the husband against his wife has been decreed, marriage was dissolved and the divorce granted with direction to the husband to pay Rs. 6,000 per month as permanent alimony to the wife till her remarriage. Heard the Counsel appearing on behalf of the husband Rajiv Roshan and wife Sarika in both cases and with their consent both the appeals are heard together and being disposed of.

2. Husband, Rajiv Roshan had filed Matrimonial Case No. 242 of 2004 seeking decree of divorce against his wife Sarika, stating that the marriage between them was solemnized on 4.5.1997 as per Hindu customs and rites. Out of the wedlock one son Arnav was born on 25.1.1998 and another son Pranav was born on 9.12.2000 and from the very beginning the behaviour of the wife was not cordial, hence, divorce was sought on the ground of cruelty. The husband found it very difficult to live with the wife, and the wife on 8.6.2004 (which the wife alleges to be 9.7.2004) left the matrimonial house and the two sons and went alone to her Naihar. The wife appeared before the Court below and stated that she led a good conjugal life and it was the husband who was cruel and thrashed her and kept the two children and also demanded dowry for which Complaint Case No. 3235(C)/2008 under Section 498A of the Indian Penal Code has been filed by the wife.

3. Wife Sarika has also preferred M.A. No. 204 of 2013 arises out of the order passed in Matrimonial Case No. 242 of 2004 for enhancement of alimony from Rs. 6000 to Rs. 15,000 per month till her remarriage so that she may maintain herself properly but has not disputed the decree of divorce. She has also demanded jewellery including 25 bhari gold and Rs. 2 lakh given in her marriage which the husband has withheld.

4. The learned Court below came to a finding that the act of the wife leaving the matrimonial house in the night and did not take any legal step for custody of her two sons since 2004 shows her lack of love and affection towards her children, who were very small at that time, and also her behaviour was cruel towards her husband, hence, factum of cruelty was established against the wife and hence decree of divorce granted.

5. It may be noted that by an interim order the learned Court below had granted maintenance of Rs. 7,000 per month. This was challenged by the husband before this Court in C.W.J.C. No. 3863 of 2010 and the interim maintenance of Rs. 7,000 was reduced to Rs. 3,000 per month by order dated 30.3.2010 passed by this Court while issuing notice to the wife. However, the said writ petition was disposed of on 5.1.2012. The interim maintenance of Rs. 3,000 was directed to be continued till final order passed in Matrimonial Case No. 242 of 2004 by the Court below. In the final order permanent alimony has been fixed at Rs. 6,000 to be paid to the wife by the husband till remarriage of the wife, while granting decree of divorce.

6. The wife although has not challenged the decree of divorce but seeks enhancement of permanent alimony to Rs. 15,000 per month till her remarriage as well as the ornaments and cash given at the time of marriage. It has been submitted by learned Counsel for the wife, Md. Khurshid Alam, that the family of the husband has a palatial house over 5.5 kathas of land and all the four brothers of the husband including the husband are living jointly. The husband also has 5 kathas of agricultural land and one shop from which he gets monthly rent of Rs. 4,000 and also stated that the husband has a wholesale business of medicine in the name and style of Rap India and Roshan Surgico, hence, seeks maintenance as per status of her husband under Section 25 of the Hindu Marri