(Aniruddha Bose and J.B. Pardiwala, JJ.)
Poonam Devi ______________________________________ Appellant;
v.
Surender Kumar __________________________________ Respondent.
Civil Appeal No. 5195/2022 [Arising out of SLP [C] No. 3047/2020], decided on August 8, 2022
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the appellant and the respondent.
3. On 24.01.2020, this Court had issued limited notice on the question of alimony and maintenance amount of Rs. 5,000/- in the petition of the wife, now the appellant before us. This appeal arises out of matrimonial as well as maintenance dispute between the parties.
4. Admitted position is that the respondent-husband, who is serving as a Hawaldar in Assam Rifles has deposited a total sum of Rs. 10 lakhs, out of which a sum of Rs. 5 lakhs was towards permanent alimony of the wife. The rest Rs. 5 lakhs was in the form of FDR meant for bringing up the daughter of the parties. The Court of first instance has passed decree dissolving the marriage between the parties. The wife’s appeal against the judgment and decree passed by the Court of first instance was dismissed by the High Court. It appears that on the question of alimony, at the appeal stage the respondent-husband had agreed to pay the said sum under these heads. This has been recorded in the judgment of the High Court, which is under appeal before us. The wife’s appeal is mainly on the point of quantum of alimony and compensation. In the High Court’s judgment, the sum paid for bringing up the daughter has been described in the latter term.
5. In our opinion, so far as the maintenance of daughter is concerned, a lump-sum amount of Rs. 5 lakhs is inadequate. We are apprised by Mr. Yadav, learned counsel for the appellant that the daughter of the parties is studying at present in standard IX in a private school in Chhuchhakwas, Jhajjhar.
6. We accordingly dispose of this appeal with a direction that the respondent-husband shall pay an additional sum of Rs. 3,000/- per month towards maintenance of his daughter for the next 12 years. While determining the period up till which such sum is being directed to be paid, we have taken into consideration the service tenure of the respondent as also the age of his daughter. The respondent, we are informed by his counsel, has twelve years of his service left. The said sum shall be remitted by the 10th of each month commencing from the month of September, 2022 in the account of the appellant, particulars of which shall be disclosed to the learned counsel for the respondent by the learned counsel for the appellant. Needless to add, this monthly payment shall be in addition to the aforesaid sum of Rs. 10 lakhs.
7. We are also of the opinion that the respondent shall be given visitation rights of the daughter as per the subsisting arrangement.
8. The appeal stands allowed in the above terms.
9. There shall be no order as to costs.
10. All other applications shall stand disposed of.
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