Reetu Saini vs Anuj Kumar

Vipin Sanghi, CJ

Delay Condonation Application (CLMA No.10700 of 2019)

Learned counsel for the respondent fairly does not oppose the delay in preferring the present appeal.

For the reasons stated in the affidavit filed in support of the delay condonation application, the delay condonation application is allowed, and the delay of 176 days in preferring the present appeal is, hereby, condoned.

FA No. 128 of 2019

The limited challenge raised by the appellant-erstwhile wife of the respondent, to the judgment and decree dated 07.01.2019, passed by the Additional Judge, Family Court, Roorkee, District Haridwar, in Misc. Case No.68 of 2016, ‘Smt. Reetu Saini vs. Anuj Kumar’, is to the failure of the Family Court to grant permanent alimony to the appellant-wife.

The divorce petition filed by the appellant-wife has been decreed. We find that no issue was framed on such aspect, and there is no discussion on merits in the impugned judgment on the aspect of grant of permanent alimony to the appellant.

That being the position, it cannot be said that the appellant’ claim for permanent alimony has been rejected with application of mind, on merits.

We, therefore, leave it open to the appellant to pursue her remedy, to claim permanent alimony under Section 25 of the Hindu Marriage Act, in independent proceedings.

The appeal stands disposed of with the aforesaid observations.

Pending application, if any, also stands disposed of.