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Judgment
6 paragraphs · 370 wordsThis matter is taken up through hybrid mode.
Heard Mr. N.K. Sahoo, learned counsel appearing for the appellant-wife.
The appellant-wife has filed this appeal challenging the judgment dated 12.12.2022 passed in C.P. No.963 of 2021, by which the learned Judge, Family Court, Bhubaneswar, while allowing the dissolution of marriage by a decree of divorce, directed under Section 25 of the Hindu Marriage Act, 1955 to the respondent-husband to pay a lump sum amount of Rs.10,00,000/-(Ten Lakhs) to the appellant-wife towards her permanent alimony within a period of three months from the date of judgment.
Mr. N.K. Sahoo, learned counsel appearing for the appellant-wife contended that the respondent-husband is serving as a doctor in Europe and is getting Rs.8,00,000/- (Eight lakhs) per month in Indian currency. Therefore, the appellant-wife claims for enhancement of permanent alimony as granted by the learned Judge, Family Court, Bhubaneswar. It is further contended that the appellant-wife is entitled to get 25% of the net salary of the respondent-husband. In support of his contention, he has relied upon the judgment of the apex Court in Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, 2017(I) OLR (SC) 946, wherein it has been held that 25% of the husband’s net salary would be just and proper to be awarded as maintenance to the wife, and that amount of permanent alimony awarded to the wife must be befitting the status of the parties and the capacity of the spouse to pay maintenance, and that the maintenance is always dependent on the factual situation of the case and the Court would be justified in moulding the claim for maintenance passed on various factors. It is contended that learned Judge, Family Court, Bhubaneswar has directed the respondent-husband to pay a sum of Rs.10,00,000/- (Ten lakhs) towards permanent alimony to the appellant-wife without adhering the law laid down by the apex Court. Therefore, taking into consideration all the parameters, as discussed above, the appellant-wife is entitled to get more than Rs.10,00,000/- as permanent alimony.
Issue notice to the respondent by registered post with A.D., requisites for which shall be filed within three days. Office shall send notice to the said respondent fixing a short returnable date.
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