B.S. Chauhan JUDGMENT
P. Sathasivam, J.
1. Leave granted.
2. These appeals are filed against the final order dated 24.04.2009 passed by the High Court of Bombay in Family Court Appeal Nos. 110 of 2004 and 127 of 2004 and the order dated 17.07.2009 in Review Petition Stamp No. 15671 of 2009 whereby the Appellant's appeal was dismissed in entirety and the petition filed by the Respondent in Family Court for divorce on ground of cruelty was converted into divorce by mutual consent and the marriage was dissolved by a decree under Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act").
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.
4. Heard Mr. Nidish Gupta, learned senior counsel for the Appellant-wife and Ms. Indu Malhotra, learned senior counsel for the Respondent-husband.
5. The only point for consideration in these appeals is what would be the reasonable amount the Appellant-wife is entitled by way of maintenance from the husband in terms of Section 25 of the Act.
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.
Discussion:
7. Mr. Nidish Gupta, learned senior counsel for the Appellant, by drawing our attention to various factual details placed before the Family Court, High Court and in this Court, submitted that from the salary slips it is seen that even after income tax deductions the Respondent's income from salary and allowances alone for the period 01.04.2009 to 31.03.2010 was Rs. 83,19,031/-. In support of the above claim, the Appellant has produced TDS certificate issued by his employer/the Income-Tax Department. According to him, apart from the above salary income,........