Hindu Marriage Act, 1955
Sections 13 & 25—Divorce petition—Permanent alimony—Submission that marriage between parties has already been broken down irreparably as the wife willfully withdrew herself from the society of the husband and is staying at her parental house—Wife claimed Rs. 25 lakhs as permanent alimony for dissolving their marriage whereas husband has expressed his inability to pay the amount claimed by wife—During the course of negotiation, both the parties have agreed that the husband shall pay Rs. 11 lakhs as permanent alimony for the livelihood for his wife—Since both the parties have reached a mutual agreement regarding the financial support that wife will receive as permanent alimony after the divorce separation, the present court awards permanent alimony of Rs. 11 lakhs to the wife which will be paid by the husband—Marriage between the parties is dissolved—Appeal allowed.
[Paras 8 & 9]
Decision : Appeal allowed