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2021 Supreme(Chh) 158

MANINDRA MOHAN SHRIVASTAVA, VIMLA SINGH KAPOOR
Durga Sahu, W/o Shri Suresh Kumar Sahu – Appellant
Versus
Suresh Kumar Sahu, S/o Shri Mahesh Kumar Sahu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Parasmani Shriwas, Advocate.

ORDER :

Manindra Mohan Shrivastava, J.

1. Considering the nature of dispute raised before us and the order required to be passed which will essentially result in remand of the case, we are inclined to dispose off the matter finally.

2. Appellant/wife filed an application for grant of decree of divorce against respondent/husband on the ground of cruelty. She also made prayer under Section 25 of the Hindu Marriage Act that as she resides separately from husband since 2017, she has no other source of income and she mostly keeps ill and requires some means for her treatment, husband being a person of good financial capacity and possessed of ten acres of agricultural land from which he is earning, she may be awarded Rs. 10 lakhs as permanent alimony.

Prayer under Section 27 of the Hindu Marriage Act was also made for return of Streedhan, as per the schedule appended thereto and listing the articles of gifts at the time of marriage.

3. In the proceeding before the Court below, though respondent/husband was served, he did not appear and was therefore proceeded ex-parte.

4. After collecting the evidence led by the appellant/wife, the learned Family Court returned finding that the appellant/wife

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