Deepak Dhiman vs Renu Dhiman

Ritu Bahri, CJ

1) There is delay of 15 days in preferring the present appeal. The delay has sufficiently been explained in the affidavit of appellant Deepak Dhiman, accompanying the delay condonation application. Therefore, the delay condonation application (IA No. 01 of 2024) is allowed. Delay is condoned.

2) Both the parties are present in the Court today.

3) The appellant-husband has come up in appeal against the judgment and decree dated 19.09.2022, passed by the Principal Judge, Family Court, Dehradun, in O.S. No. 1251 of 2021, titled as ‘Renu Dhiman Vs Deepak Dhiman’, filed under Sections 13, 25 and 27 of the Hindu Marriage Act, 1955, whereby the divorce petition filed by the respondent-wife has been decreed ex-parte against the appellant-husband. The Family Court also directed the appellant to pay an amount of rupees ten lakh towards permanent alimony to the respondent.

4) Both the parties are not disputing the fact that the marriage between them took place on 02.07.2014, and they are living separately since 20.09.2015. Counsel for the appellant states that the limited challenge raised by the appellant, in the present appeal, is to the award of permanent alimony of rupees ten lakh and return of stree dhan to the respondent. The appellant further states that he is not challenging the decree of divorce granted in favour of the respondent. It is stated that the financial position of the appellant-husband is not good, and he is not in a position to pay permanent alimony of rupees ten lakhs to the respondent-wife.

5) On the other hand, counsel for the respondent states that apart from the permanent alimony as was directed to be paid by the Family Court, the respondent-wife also desires that the stree dhan given by her parents at the time of marriage to the appellant-husband be returned to her.

6) After hearing learned counsel for the parties and on perusal of the record, the ex-parte judgment and decree dated 19.09.2022, passed by the Family Court, Dehradun is being modified to the extent that instead of payment of rupees ten lakhs towards permanent alimony, the appellant-husband will now pay a lump sum amount of rupees five lakhs as permanent alimony to the respondent-wife. The judgment and decree passed by the Family Court is, accordingly, modified.

7) With respect to the stree dhan, the matter is being remanded back to the Family Court, Dehradun. Both the parties will lead their evidence, and thereafter a fresh order can be passed with respect to the stree dhan.

8) Both the parties are directed to appear before the Family Court, Dehradun on 01.07.2024, and after one month by 02.08.2024, the appellant-husband will make a payment of rupees five lakhs to the respondent-wife towards permanent alimony as directed hereinabove.

9) With the direction as above, the first appeal stands disposed of.