|HC of JHARKHAND at RANCHI|
2016-12-05First Appeal No 22 of 2005J.H.C.MishraSmt. Rinku Devi vs Santosh KumarHMA 13
Divorce not Dismissed because Husband Already Married : (1) In the facts of this case and taking into consideration the fact that the respondent husband has already married after the expiry of the limitation period, as no appeal was filed within limitation period, and it is submitted by learned Counsel for the respondent that he is having children from the second marriage also, we refrain from entertaining the appeal on merits and interfering with the Judgment and Decree of divorce granted by the Court below, but we are of the considered view that a permanent alimony should be granted to the appellant who is also maintaining two children out of the wedlock. We are informed that presently, the wife is getting monthly maintenance of Rs.1400/- from the respondent, pursuant to the order passed by the competent Court in the State of Bihar, under Section 125 of the Cr.P.C.
(2) In the facts of this case and taking into consideration the fact that the respondent is a gold-smith, we, hereby, direct the respondent to make the payment of permanent alimony of Rs.7,00,000/-(Rs. seven lakh only) to the appellant wife, which shall be apart from the monthly maintenance to the appellant as granted by the competent Court in the State of Bihar. We direct the respondent to make the payment of the amount of the permanent alimony to the appellant wife positively within the period of three months from today.DOWNLOAD | GOOGLE DOCS | VIEW