Vijay Kumari vs Ashwani Kumar - 2021 Supreme(J&K) 334

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 334

Vijay Kumari – Appellant
Versus
Ashwani Kumar – Respondent

Advocates Appeared:
For the Appellant : Ashwani Thakur

JUDGMENT :

Pankaj Mithal, C.J.

1. The wife Smt. Vijay Kumari has preferred this Letters Patent Appeal (LPA) against the order dated 27.07.2020 passed by the learned single Judge rejecting her application for enhancement of permanent alimony in an appeal arising out of the judgment and order of the court of first; instance in a divorce case.

2. The matrimonial dispute between the appellant and her husband Ashwani Kumar came up for consideration in a divorce case. The divorce petition was dismissed whereupon the respondent husband preferred an appeal before the High Court. The appeal was allowed and a consent decree of divorce and a permanent alimony was passed on 27.07.2020 by the learned single Judge.

3. The appellant wife was allowed permanent alimony @ Rs. 1000/- per month.

4. The said judgment and order of the learned single Judge passed with the consent of the parties became final and conclusive as no one challenged it any further, rather the appellant wife started accepting the alimony so fixed.

5. The appellant wife moved an application before the Additional District Judge (Matrimonial Cases), Jammu on 28.07.2010, i.e., after ten years of the decree of divorce, for the enhancement