ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)

Date : 25-09-2020

Heard learned counsel for the appellant and learned counsel for the respondent.

I.A. No. 2953 of 2016 was filed for condonation of delay of one day in preferring the present appeal. Vide order dated 29.8.2017 the delay in filing the appeal has been condoned.

M.A. No. 262 of 2016

The present Miscellaneous Appeal is directed against the judgment and decree dated 3.2.2016 and 16.2.2016, respectively, passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial (Divorce)Case No. 32 of 1999, whereby the marriage between the appellant and the respondent has been dissolved by a decree of divorce even when the grounds of cruelty, desertion and adultery being not proved by the petitioner-respondent-husband. However, the learned Court awarded monthly maintenance of Rs.10000/- from the date of judgment or Rupees Ten Lacs, as permanent alimony.

The factual matrix of the case is that the marriage between the appellant wife and respondent husband was performed on 22.5.1979 as per Hindu rites and rituals. Subsequently the appellant went to her parents’ house and stayed there for one and half year and she ag