The main legal point established is the importance of amicable settlement in matrimonial disputes and the consideration of the status of the parties in fixing the quantum of alimony.

JUDGMENT :

S. PANDA, J.–MATA No.64 of 2012 has been filed by the wife challenging the Order Dated 15.5.2012 passed by the Learned Judge, Family Court, Jaipur in C. P. No.16 of 2011 for enhancement of the permanent alimony & MATA No.108 of 2012 has been filed by the husband for reducing the quantum of permanent alimony. However, decree of divorce passed by the Learned Judge, Family Court, Jaipur in C.P. No.16 of 2011 is said to have not been challenged. Since both the appeals arise out of common Judgment & decree, they were heard together & are being disposed of by this common Judgment.

2. The facts leading to the present appeals are as follows An application under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") was filed by the husband for decree of divorce. The marriage took place in the year 2009. The husband is an Engineer having B.Tech & Telecommunication qualification. Though there was no demand of dowry, Rs.3 lakhs were transferred to the account of the father-in-law of the husband for purchase of articles to be used in day-today living, The dispute started immediately on the next date of marriage due to indifferent attitude of the family members of the wife who did not take care of the Barat party. It is alleged that the wife had lack of respect towards the family members of the in-law's & did not agree to complete any rituals as per the social & cultural background of the society. She neither dried her clothes nor performed Puja. Sometimes thereafter the husband left to join his service. During his absence, the wife misbehaved & created disturbances in the in-laws house making false allegations & also threatened to file criminal cases through his uncle, who is a police officer. While the mailer stood thus, on 11.6.2009 the father of the wife had taken her to his house & avoided to receive any telephonic calls/mobile calls. Several attempts were made to settle the dispute. However, due to above attitude of the wife, there was no possibility of settlement or the dispute as the relationship between two were not congenial & she treated the family members & the husband with cruelty. Finding no other way, the husband filed the application with the aforesaid prayer which was registered as C.P No.852 of 2009 before the Family Court, Cuttack. After the functioning of the Family Court at Jaipur, the said case was transferred. The wife filed her written statement with counter claim traversing the allegations made by the husband. She further pleaded that the marriage was an arranged marriage & there was a demand of motor cycle, LCD colour television, fridge, furniture, gold & silver ornaments, household articles from the side of the Petitioner which was beyond the capacity of the father of the wife. The father of the wife had also given Rs.3 lakhs to the father of the husband to purchase furniture & other house hold articles. She was harassed & misbehaved for non-fulfilment of the dowry. Her father tried his best to fulfil the dowry demand. However, the in-laws tortured her & did not allow her to meet her parents. Thereafter, they approached the police & as such she returned to her parents house with mental shock & trauma & hopeful for amicable settlement. She was subjected to severe mental & physical torture for which she filed an application under the Domestic Violence Act. Accordingly, the husband was responsible for irreparable damage in the marital relationship. Since the husband made an allegation about the character of the wife, she had to stay in her parents' house & file a counter claim demanding the return of the Stridhan property which had been given at the time of marriage & to pay permanent alimony.

3. In support of their respective pleas, the husband examined himself as P.W.1 & examined another witness. The wife examined herself as O.P.W.5 & also examined four other witnesses. Xerox copy of pay particulars of the husband & some other documents were produced which were marked as Exts.A to C. T