Vinny Parmar vs Paramvir Parmar

3) Since the parties have dissolved their marriage by consent and a fresh decree of divorce by consent has been directed, the other question adjudicated before the High Court was about the amount of maintenance/permanent alimony in terms of Section 25 of the Act. By the impugned order, the High Court confirmed the order passed by the Family Court fixing the amount of permanent alimony at Rs. 20,000/- per month. While disposing of the appeals, as an alternative measure, the High Court also fixed the amount of permanent alimony at Rs. 20 lakhs in lump sum to be paid by the husband to his wife within a period of 3 months from the date of the order. Being not satisfied with the maintenance fixed at Rs. 20,000/- per month, the appellant-wife filed these appeals for enhancement by pointing out her difficulties and the income of the respondent.

6) Considering the fact that after the marriage the appellant herein resigned from the post of Air Hostess in Cathay Pacific Airlines and after dispute between them she was not employed and getting regular income, she was staying with her sister at Mumbai and also taking note of the financial status of the husband, namely, his salary as a Sr. Commander in Air India and rental income from his properties, the Family Court fixed maintenance at Rs. 20,000/- per month which was affirmed by the High Court. While arriving at such amount, the Family Court has determined the income of the husband as Rs. 1,40,000/- per month.

15) In the light of the details furnished by both the parties, we are of the view that the amount of Rs. 1,40,000/-

determined as net monthly income of the respondent-husband is not acceptable. Equally, direction for payment of maintenance at the rate of Rs. 20,000/- per month to the appellant-wife is also inadequate. It is relevant to point out that the status of the appellant before her marriage is also one 1 of the relevant factors for determining the amount of maintenance. It is not in dispute that before her marriage with the respondent, she was working as an Air Hostess in Cathay Pacific Airlines and after marriage she resigned from the said post. Considering the conditions prescribed in Section 25 of the Act relating to claim of permanent alimony/maintenance and the fact that the appellant is not permanently employed as on date and residing with her sister at Mumbai, taking note of the respondent's income from salary as Sr. Commander in Air India, other properties standing in his name, age being 42 years, future employment prospects and also considering the fact that the respondent re-married, having a child and also to look after his parents, we feel that the ends of justice would be met by fixing maintenance at the rate of Rs.40,000/- per month instead of Rs.20,000/- per month as fixed by the Family Court and affirmed by the High Court. The same shall be payable from the date of her application and continue to pay in terms of Section 25 of the Act. The respondent is granted one year time from 01.08.2011 to pay all the arrears payable in six equal instalments. It is 1 made clear that if there is any change in the circumstance of either party, they are free to approach the Court concerned to modify or rescind. As suggested and fixed by the High Court, in the alternative, we fix the amount of permanent alimony/maintenance at Rs. 40 lakhs in lump sum to be paid by the respondent within a period of six months from 01.08.2011 which will forfeit all her claims. The respondent is free to opt any one mode to comply with the same. If the respondent opts the first method, the same is subject to the conditions prescribed in sub-Section (3) of Section 25 of the Act. The appeals are allowed to the extent mentioned hereinabove. No order as to costs.

JULY 20, 2011.