ORDER :

M.A. CHOWDHARY, J.

1. The appellant, through the medium of this appeal, seeks quashment of Judgment dated 11.05.2010 passed by the court of ld. Additional District Judge (Matrimonial Cases), Jammu (hereinafter called ‘Trial Court’) in case No.236/HMA titled Veena Bhat V/S Suresh Bhat, divorce petition, with a further prayer to reject the claim of the respondent, for grant of permanent alimony.

2. By virtue of the impugned judgment dated 11.05.2010, the ld. Trial Court dissolved the marriage between the appellant and the respondent and awarded Rs. 6,00,000/- as permanent alimony amount in favour of the respondent herein, which was to be paid by the appellant herein within a period of three months from the date of order. Aggrieved of the impugned judgment, the appellant has approached this court by way of filing this appeal seeking the reliefs supra.

3. This court vide order dated 15.10.2010, while issuing notice to the respondent, stayed the impugned judgment so far it relates to permanent alimony of Rs. 6.00 lac.

4. Brief facts which led to the filing of this appeal, are that a petition under Section 13 of J&K Hindu Marriage Act 1980 came to be filed by the respondent- wife, for dissolution of marriage between the appellant and the respondent by a decree of divorce before the Trial Court alleging, inter alia, that, she, immediately after solemnization of marriage with the appellant was subjected to intense pressure for bringing more and more dowry items; that she faced embarrassment, humiliation and dejection owing to the appellant’s behavior; that she was not properly looked after as her legitimate needs were not fulfilled at the hands of appellant; that she was accused of being a bad character woman having illicit relationship with her own father, an allegation so grave, intolerable and not even thinkable, which caused indelible mental agony and excruciating pain; that the appellant filed objections/written statement to the aforesaid petition praying its dismissal.

5. It is alleged that a separate application was filed seeking permanent alimony, to which, objections were not filed, as the appellant was oblivious of the filing of such application before the Trial Court; that in the meanwhile, the appellant moved an application, which was duly supported by an affidavit, on 05.11.2008 before the Trial Court seeking permission to withdraw the written statement/objections filed on 14.12.2005, contending therein that he has no objection in case the petition filed by the respondent herein before the Trial Court u/s 13 of Hindu Marriage Act is decreed as prayed for; that the Trial Court erroneously held that the appellant has no objection to the application filed by the respondent seeking permanent alimony and has also conceded the whole petition, thus, dissolved the marriage and awarded Rs.6,00,000/- as permanent alimony in favour of the respondent, to be paid within a period of three months from the date of order. Aggrieved of the aforesaid judgment passed by the Trial Court, the present appeal has been filed seeking setting aside the same to the extent of grant of alimony.

6. Learned counsel appearing for the appellant argued that the appellant is aggrieved of the impugned judgment as it awarded an amount of Rs.6,00,000/- as permanent alimony to the respondent; that the appellant had no occasion to oppose the relief sought for permanent alimony as the said relief was not prayed in the main petition filed under Section 13 of the Hindu Marriage Act, but was separately prayed in the application, which was not in the knowledge of the appellant. Learned counsel further submits that the ld. Trial court has exceeded its jurisdiction by passing the impugned order. Lastly, it is prayed that the appeal be allowed against the impugned judgment dated 11.05.2010 and the claim of the respondent for grant of permanent alimony be rejected.

7. Learned counsel for the respondent, ex adverso, made submissions in line with the reasoning prevailed wi