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2020 Supreme(UK) 530

ALOK KUMAR VERMA, SUDHANSHU DHULIA
ARTI – Appellant
Versus
VIVEK SHARMA – Respondent


Advocates:
For the Appellant :Mr. Vipul Sharma, Advocate
For the Respondent:Mr. Parikshit Saini, Advocate

JUDGMENT

By the Court

This case has been heard through video conferencing.

2. This is wife's appeal under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984, against the order of the Principal Judge, Family Court, Dehradun dated 23.03.2017, whereby her petition for dissolution of marriage and for custody of her daughter has been allowed but she has not been granted any permanent alimony. To that limited extent, she had challenged the findings of the trial court. There is no appeal of the husband before this Court.

3. We have heard Mr. Vipul Sharma, learned counsel for the appellant and Mr. Parikshit Saini, learned counsel for the respondent at length.

4. A right to maintenance, a statutory right, is a piece of social welfare legislation. The legislature while codifying the Hindu Marriage Act, 1955 preserved the right of permanent maintenance. Therefore, while considering such a legislation, a liberal and progressive approach should be adopted since Section 25 of the said Act is enacted with a specific object and purpose. Therefore, it is obligatory for the court to grant full opportunity to the concerned parties to substantiate their rival c

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