IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.647 of 2009 SHASHI PRABHA D/O Shivjee Chaudhary, R/O Bahiyara, PS & PO- Chaudi, Distt- Bhojpur ….Appellant Versus DADAN CHAUDHARY S/O Bishwanath Chaudhary, R/O Village-Nargoda, P.O.Belwati, P.S. Shalpur, Distt-Bhojpur, At present posted as Police Constable No.342 C/O Commanding Officer, 5-A, Deoghar, Jharkhand……Respondent. ----------- 15 22-01-2010 Heard Mr. Abbas Haider, learned counsel for the appellant and Mr. Vishwa Ranjan Choudhary for the respondents. 2. The appellant is aggrieved by the judgment and order dated 13th February, 2007 whereby Matrimonial Case No.83 of 2002/101 of 2005 preferred by her husband, the respondent has been allowed and a decree of divorce under Section 13 (1) of the Hindu Marriage Act has been granted on the ground of adultery and the appellant has been awarded a permanent alimony and maintenance at the rate of Rs. 2000/- per month till she re-marries. 3. On behalf of the appellant it was submitted that ground of adultery needed better proof than mere deposition of the respondent and such casual approach and finding has put a stigma against the appellant’s character. Hence appellant wants the judgment and order under appeal 2 to be reversed. 4. On the other hand, learned counsel for the respondent has submitted that evidence was led in support of other grounds for divorce also such as desertion and cruelty and even on those grounds the respondent should have been found entitled for divorce. 5. After hearing the parties, it is clear that soon after the marriage in February, 2001, there arose serious differences on account of alleged mental and physical ailments of the appellant. The respondent-husband has made specific allegation of unusual rude behaviour of the appellant and that she did not allow him to cohabit with her. This Matrimonial Case was filed in the year 2002 and the parties have lived separately since then. It is further clear from the stand of the parties that the marriage has broken down irrevocably and the major objection of the appellant to the decree of divorce is on account of finding of adultery against her. On considering the relevant materials and the evidence, we are of the view that the evidence in support of cruelty on account of abnormal and harsh behaviour as well as desertion are sufficient to support of the plea for divorce on those 3 grounds. On the issue of adultery, only the respondent’s evidence is available on record which does not appear sufficient. Hence, we confirm the decree of divorce but not on the ground of adultery, rather on the ground of cruelty and desertion. 6. The other issue raised on behalf of the appellant is on the quantum of permanent alimony. It has been submitted that instead of payment of Rs. 2000/- every month, a lump sum alimony may be determined so that the appellant is not put to trouble in collecting the alimony every month or initiating action for delay in payment. It was submitted that she has no independent income or means to take care of her normal expenses and hence the alimony must be available to her without interruption. 7. On the quantum of lump sum permanent alimony, it was pointed out from paragraph-29 of the judgment under appeal that the respondent is in police service and his unrevised salary in the year 2004 was Rs. 6500/- per month. In the facts of the case, a lump sum amount of Rs. 4 Lacs is found to be proper amount by way of permanent alimony. As requested on behalf of the respondent, we extend 4 benefit of installments and grant time till January, 2010 for payment of Rs. 2 Lacs. A further sum of Rs. 1 Lac should be paid by December, 2010 and the remaining amount of Rs. 1 Lac should be paid by June, 2011. 8. Till the total amount of Rs. 4 Lacs is paid in the manner indicated above through bank drafts, the monthly alimony of Rs. 2000/- shall continue to be paid by the respondent to the appellant. 9. With the aforesaid modification in the judgment and order under challenge, the appeal is disposed of. 10. There shall be no order as to costs. perwez (Dipak Misra, C.J.) (Shiva Kirti Singh, J.)