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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:JUDGMENT:
S.B. Civil Misc. Appeal No.373/2005.
(Smt. Nanda Vs. Gopal Das)
DATE OF JUDGMENT : November 10, 2009.
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
____________________________________
Mr. N.K. Chandak for the appellant.
Mr. R.K. Thanvi for the respondent.
BY THE COURT :
In this appeal filed under Section 28 of the Hindu
Marriage Act, judgment and decree dated 08.12.2004
passed by learned Addl. District Judge, Barmer in Civil
Misc. Case No.194/1996 is under challenge, whereby,
the learned trial Court decreed the suit for divorce filed
by the respondent.
After hearing learned counsel for the respective
parties, I am of the opinion that no error apparent has
been committed by the learned trial Court while passing
the decree of divorce. The judgment impugned in this
appeal is well worded and passed after due
consideration of the evidence on record. The trial
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Court has given issue-wise finding which is not required
to be interfered with. In this view of the matter, no
interference to the extent of granting decree of divorce
by the trial Court is dismissed.
However, with regard to one-time maintenance
amount which is Rs.50,000/- granted by the trial Court,
I am of the opinion that said amount requires to be
enhanced. Therefore, in the interest of justice,
maintenance amount granted by the learned trial Court
under Section 25 of the Hindu Marriage Act is enhanced
to Rs.85,000/-.
It is submitted by learned counsel for the
respondent that he has already paid Rs.50,000/- and
remaining amount may be ordered to be paid in
instalments. In the interest of justice, while modifying
the decree impugned to the extent of grant of
maintenance, it is ordered that the amount is enhanced
from Rs.50,000/- to Rs.85,000/-. The difference
amount may be paid in ten instalments of Rs.3,500/-
each, first instalment being payable on 01.01.2010.
With aforesaid modification, this appeal is
disposed of.
(Gopal Krishan Vyas) J.
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Ojha, a.