S.VIMALA, J.

1. The Civil Miscellaneous Appeal is filed challenging the order passed by the I Additional Family Court at Chennai, in I.A.2623 of 2005 in O.P.No.2370 of 2004, dated 16.6.2009.

2. The husband filed the petition for divorce against his wife on the ground of cruelty.

3. The wife filed a petition seeking permanent alimony of Rs.5,00,000/- in I.A.2623 of 2005.

4. The Family Court granted the decree for divorce in favour of the husband. The petition filed by the wife for permanent alimony was allowed in part and the husband was directed to pay a sum of Rs.3,50,000/- to the wife as permanent alimony.

5. As against the order of granting a decree for divorce, the wife has not chosen to file any appeal. It was represented by the learned counsel for the appellant that the wife did not want to join the husband and therefore, she has not chosen to file any appeal, even though, the wife has got a bright chance of succeeding in the appeal. Therefore, the decree of divorce passed by the Family Court has become final.

6. The husband has challenged the order of the Family Court, only with regard to the order passed in I.A.No.2623 of 2005 directing the husband to pay a sum o