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2009 Supreme(P&H) 1251

VINOD K.SHARMA
Sarla Singh – Appellant
Versus
Kr. Ajay Partap Singh – Respondent


Judgment

Vinod K.Sharma, J.

1. This order shall dispose of FAO No. M-72 of 1998 titled Smt. Sarla Singh v. Mr. Ajay Partap Singh and FAO No. M-94 of 1998 titled Kr. Ajay Partap Singh v. Smt. Sarla Singh, as they arise from the same judgment.

2. For brevity sake facts are being taken from FAO No. M-72 of 1998.

3. The appellant by way of this appeal has challenged the order dated 9.2.1998 passed by the learned Additional District Judge, Chandigarh, on a petition filed under Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) read with the Marriage Laws (Amendment) Act, 1956 for grant of permanent alimony.

4. The appellant-wife filed a petition for dissolution of marriage under Section 12(1)(a) of the Act, on the ground of impotency of the respondent- husband.

5. During the pendency of the petition for dissolution of marriage, an application under Section 25 of the Act was filed on 5.12.1992, alleging therein that the appellant was neither engaged in any employment nor vocation nor owns any moveable or immovable property whatsoever and, therefore, had no independent source of income, sufficient for her support and maintenance.

6. The respondent-husband hails



































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