Court affirmed alimony and maintenance obligations based on husband's financial capacity, while adjusting wife's alimony due to changed circumstances.

JUDGMENT

T. Amarnath Goud, J. - This Appeal has been filed under Section 28 of the HINDU MARRIAGE ACT , 1955 read with Section 19(1) of the FAMILY COURTS ACT , 1984, against the Judgment and Decree, dated 29.05.2019 passed by the learned District Judge, North Tripura, Dharmanagar in Case No. T.S. (Divorce) 27 of 2017.

2. The facts of the case in brief as stated in the pliant are that the appellant and the respondent were legally married husband and wife. The marriage between the appellant-husband and the respondent-wife took place on 14.03.1999, according to Hindu rites, rituals, and customs in the house of the parents of the respondent, situated at Uptakhali, Panisagar, North Tripura. The appellant-husband and respondent-wife are Hindu by religion and as such, they are governed by the HINDU MARRIAGE ACT , 1955.

3. The marriage of the appellant and the respondent were duly consummated and out to their wedlock one daughter was born to them on 15.03.2002.

4. The appellant is a Post Graduate Teacher and at present, he is posted at Pratyekroy H.S. School, Dharmanagar. The Appellant is drawing a monthly salary of Rs. 68,575/-.

5. The appellant-husband as petitioner filed a petition under Section 13(1)(ib) of the HINDU MARRIAGE ACT , 1955 for dissolution of the marriage of the appellant-husband and respondent-wife on the ground of desertion of the appellant-husband by the respondent-wife. The said petition for divorce filed under Section 13(1)(ib) of the HINDU MARRIAGE ACT , 1955 has been registered as T.S. (Divorce)- 27/2017, in the file of the learned District Judge, North Tripura, Dharmanagar.

6. The respondent-wife herein entered into appearance before the learned District Judge, Dharmanagar, North Tripura, and filed a written statement denying and disputing the allegation of desertion and contending that it is the appellant-husband who has deserted the respondent-wife. The respondent-wife also filed an application under Section 24 of the HINDU MARRIAGE ACT , 1955, and under Section 25 of the HINDU MARRIAGE ACT , 1955.

7. Based on the pleadings, the learned Court framed the following issues for adjudication of the divorce petition. The issues are as follows:-

"I. Whether the petitioner is the legally married husband of this respondent, marriage being solemnized on 14.03.1999 according to Hindu rites, customs and rituals at the parental house of the respondent?

II. Whether the petitioner is entitled to get decree of divorce on the ground of desertion?

III. What other relief/reliefs as the parties are entitled to?"

8. On the issues as framed by the appellant-husband as petitioner in that T.S.(Divorce), he produced three witnesses including himself who were examined and cross-examined. The respondent-wife also adduced oral and documentary evidence.

9. After hearing both sides, the learned Court delivered judgment on 29.05.2019. The learned Court allowed the petition for divorce filed by the appellant-husband by dissolving the marriage between the appellant-husband and the respondent-wife by decree of divorce. The learned Court also directed the appellant-husband to pay monthly maintenance or Rs. 20,000/- to the respondent and their daughter. The learned counsel also directed the appellant to make a fixed deposit certificate of Rs. 30,00,000/- (Rupees thirty lakhs) in the name of the respondent-wife and their daughter.

10. Being partly aggrieved by and dissatisfied with the impugned judgment dated 29.05.2019, passed by the learned District Judge, North Tripura, Dharmanagar, in T.S. (Divorce) 27 of 2017 in so far the permanent alimony part of the said judgment is concerned, the appellant-husban