.a ^ ^ >- HjGH CQURT OF CHHATTISGARH AT BILASPUR First Appeal fM) No.119 of 2008 APPELLANT: Smt. Vijeshwari Rathore, aged 30 years,W/o Vldyanand Rathore, P/A Viiiage Utarda (Lotanapara), Tahsii Pali, District Korba Versus RESPQNDENT: Vidyanand Rathore, aged about 33 years, S/o Komaichand Rathore, R/o Viijage Bokramuda, P.0. Korbi, Tahsi'i Pali, District Korba (CG) Present: . . • Shri Mukesh Sharma, counsel forthe appeilant. Shri Vimiesh Bajpai, counsel forthe respondent. Division Bench: Hon'b!e Shri Dhjreridra Mlshra & Hon'ble Shri. R.N. Clsandrakar. JJ. • ORDER (8-3-2010) 1. The appeilant has impugned the order dated 10th September, 2008 passed by the Famity Court, Korba, Camp Katghora. in civil suit No.6- A/08 whereby the respondent's appiication for dlvorce has been aliowed arid by a decree of divorce, the marriage spiemnized between the partles has been annuiled. 2. Learned counsel for the appellant submits that he is not pressing this appeal agajnst the relief of decree of dlvorce granted in favour of the respondent/husband, however, he submits that whlie ailowing the appiication of the respondent/husband, learned Family Court dld not grant any permanent alimony to the appellant herein under Section 25 of the Hindu Marriage Act, 1955. Me has also prayed for reilef of permanent aiimony in the memo of appeal. Hesubmits that he may be ^^ 2 \. permitfed to fiie su'rtabie application for permanent ajimony before the FamHy Court and the Famijy Court, in turn, may be directed to decide the same on Its own merits, In accordance wlth law. 3. Learned counse! for the respondent has no objection to the aforesald prayer. 4. in that view of the matter, fne Instant appeai is dismlssed as not pressed. However, the appe!!ant may fite appiication for permanent alimony before the iearned Family Court and on such application being made, the same may be decided in accordance with iaw. Sd/- Dhirendra Mishra Judge Barve Sd/- R.N. Chandrakar Judge ,^-