2010 (4) TMI 1044 - SC - Indian Laws

Whether the claim of the appellant regarding payment of a lump sum amount by way of permanent alimony under Section 25 of the Hindu Marriage Act 1955 was not maintainable in view of the pendency of four matters relating to grant of maintenance under Section 125 of the Criminal Procedure Code and under Section 18 of the Hindu Adoption and Maintenance Act 1956 for the minor daughter? Whether the appeal be kept pending for a period of three months and the records be remitted to the learned Judge Family Court at Aurangabad to take additional evidence relating to the estimated income of the Respondent No.1 keeping in mind the list of assets annexed by the appellant to her Rejoinder Affidavit and to send back the same to this Court for final disposal of the instant appeal?

Summary

Issues Involved:
Challenge to two orders of the Aurangabad Bench of the Bombay High Court - dismissal of Family Court Appeal and Review Petition, findings on mental disorder of the appellant, quantum of permanent alimony under Section 25 of the Hindu Marriage Act.

Analysis:

1. Challenge to Orders of the High Court:
The appellant challenged two orders of the Aurangabad Bench of the Bombay High Court - one dismissing Family Court Appeal and the other dismissing the Review Petition. The appellant moved the High Court after the Family Court granted a divorce decree in favor of the respondent-husband based on the grounds of the appellant suffering from schizophrenia. The High Court affirmed the judgment and decree of the Family Court, leading to the current appeal before the Supreme Court.

2. Findings on Mental Disorder:
The primary issue in the appeal was the mental disorder of the appellant. The appellant's counsel focused on challenging the findings of the Courts below regarding the mental illness of the appellant. The appellant chose to confine her challenge to the judgments to the findings on whether she is suffering from any mental illness. The appellant's counsel pointed out discrepancies in the judgments, highlighting instances where the Family Court realized that the earlier order passed in the divorce proceedings was based on misrepresentation of facts by the respondent-husband. The Supreme Court, after considering the observations made by the Family Court in the custody proceedings, rejected the findings on the appellant's alleged mental disorder, holding that such findings cannot be sustained.

3. Quantum of Permanent Alimony:
The appellant sought a lump sum amount of &8377; 75 lakhs as permanent alimony from the respondent-husband. The respondent's counsel argued that the appellant's claims were exorbitant, emphasizing that the purchase of an Innova car by the respondent did not justify the claimed amount. The Supreme Court found the prayer for permanent alimony under Section 25 of the Hindu Marriage Act maintainable and justified in the circumstances of the case. The Court directed the Family Court to take additional evidence to ascertain the estimated income of the respondent-husband based on the assets owned by him. The matter was ordered to be kept pending for three months for further proceedings.

In conclusion, the Supreme Court granted leave in the appeal, rejected the findings on the appellant's mental disorder, and directed the Family Court to determine the estimated income of the respondent for deciding the quantum of permanent alimony. The judgment provided detailed analysis and directions for further proceedings, ensuring a fair and comprehensive resolution of the issues involved in the case.