Matrimonial
Permanent alimony—Reduction of—Divorce on ground of irretrievable breakdown of marriage—It is the respondent who subjected the appellant to extreme cruelty all these years, and never came forward to render any assistance for securing a better future of his own son or offered to pay even for his school education—Respondent’s own mother has been staying with her daughter-in-law/appellant all these years and has come forward against him—Mechanical manner in which the Family Court kept on passing decrees of divorce against appellant not only exhibit a lack of sensitivity, but also suggests a hidden prejudice against the appellant—Courts ought not to have accorded any premium to the respondent’s own misdemeanors—Boggy of irretrievably breaking down of marriage cannot be used to the advantage of a party who is solely responsible for tearing down the marital relationship—Parties are living separately since the year 1992 or so—Decree of divorce upheld with modification in the impugned judgment.
[Paras 6 & 7]
Decision : Appeal allowed