F.A.O. No. M-10 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. M-10 of 2009 Date of decision: 16.03.2009. Smt. Jyoti ...Appellant Versus Harsh Bhola ...Respondent 2. F.A.O. No. M-336 of 2008 Harsh Bhola ...Appellant Versus Jyoti ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. N.L.Sammi, Advocate, for Mst. Jyoti Mr. Deepak Arora,, Advocate for Harsh Bhola.. ***** S.D.ANAND, J. While allowing a plea filed by the wife (appellant in FAO No. M-10 of 2009 and respondent in FAO No. M-336 of 2008) under Section 11 of the Hindu Marriage Act (hereinafter referred to as “the Act”) for the annulment of the marriage, the learned Trial Court awarded a sum of Rs.10,000/- per month as permanent alimony in favour of the wife. Though the parties are at issue with regard to the entitlement of a similarly circumstanced wife to the award of permanent alimony, it is F.A.O. No. M-10 of 2009 -2- **** common ground that the learned Trial Court erred in not having framed an issue with regard to quantification of amount of permanent alimony. It cannot be disputed that the frame of an issue would have enabled the parties to adduce evidence in respect of their respective contentions which (the evidence adduced ) would have further facilitated the appropriate quantification (if any) of the amount of permanent alimony. The matter is forwarded to the learned Trial Court for framing an issue in the context of the plea under Section 25 of the Act for the award of permanent alimony. The parties shall have also an opportunity to adduce evidence in support of the respective pleas. Thereafter, the learned Trial Court shall record a finding about the quantification of the permanent alimony. This order shall not constitute an expression of opinion on the merits or otherwise of the finding already recorded by the learned Trial Court qua the entitlement of the wife to the award of permanent alimony. The parties, through their learned counsel, are directed to appear before the trial Court on 26.3.2009. The exercise shall be concluded within one from 26.3.2009. March 16, 2009 (S.D.Anand) Pka Judge