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2023 Supreme(Ori) 234

ARINDAM SINHA, SIBO SANKAR MISHRA
Smrutimala Dash – Appellant
Versus
Chinmaya Panda – Respondent


Advocates:
Ms. S. Nayak, Advocate, for the Appellant; Mr. Yuvraj Parekh, Advocate, for the Respondent.

JUDGMENT

Arindam Sinha, J.

Appellant is the wife. She is aggrieved by judgment dated 13th November, 2019 made by the family Court in her civil proceeding for dissolution of marriage because there was no order made for permanent alimony.

2. There was brief hearing of the appeal on 18th October, 2023. We reproduce below paragraphs 2 and 3 from our order made that day.

    '2. Mr. Parekh, learned advocate appears on behalf of respondent-husband and submits, there was neither any claim nor evidence adduced regarding belated claim of permanent alimony, made before this Court.

    3. We have seen the petition filed for divorce by appellant-wife. We reproduce below the prayer.

    'Therefore it is prayed that, this Hon'ble court may graciously be pleased to dissolved the marriage by a decree of divorce U/s 13(1) (ia) of the Hindu Marriage Act, 1955. Which was solemnized on 29.11.2017 for benevolent and betterment of the petitioner.'

3. Section 25 in Hindu Marriage Act, 1955 admits of the situation appellant-wife is in. The situation is of respondent- husband opposing the appeal by relying on prayer made in the civil proceeding by appellant-wife, bereft of prayer for permanent alimony. In our view this omiss

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