FA/128/2019
2023 Latest Caselaw 1517 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                        FIRST APPEAL NO. 128 OF 2019
                               05TH JUNE, 2023
BETWEEN:
Reetu Saini                                                    .....Appellant.
And

Anuj Kumar                                                     ....Respondent.

Counsel for the Appellant : Mr. Parikshit Saini, learned counsel.

Counsel for the Respondent : Ms. Laxmi Saini, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Delay Condonation Application (CLMA No.10700 of 2019)

Learned counsel for the respondent fairly does not

oppose the delay in preferring the present appeal.

2. For the reasons stated in the affidavit filed in

support of the delay condonation application, the delay

condonation application is allowed, and the delay of 176 days

in preferring the present appeal is, hereby, condoned.

FA No. 128 of 2019

3. The limited challenge raised by the appellant-

erstwhile wife of the respondent, to the judgment and decree

dated 07.01.2019, passed by the Additional Judge, Family

Court, Roorkee, District Haridwar, in Misc. Case No.68 of

2016, 'Smt. Reetu Saini vs. Anuj Kumar', is to the failure of

the Family Court to grant permanent alimony to the

appellant-wife.

4. The divorce petition filed by the appellant-wife has

been decreed. We find that no issue was framed on such

aspect, and there is no discussion on merits in the impugned

judgment on the aspect of grant of permanent alimony to the

appellant.

5. That being the position, it cannot be said that the

appellant' claim for permanent alimony has been rejected

with application of mind, on merits.

6. We, therefore, leave it open to the appellant to

pursue her remedy, to claim permanent alimony under

Section 25 of the Hindu Marriage Act, in independent

proceedings.

7. The appeal stands disposed of with the aforesaid

observations.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 05th June, 2023 NISHANT