NSUBRAMANYAM Vs. M GSARASWATHI

JUDGEMENT

(1.) Both these appeals are directed against the decision of the Principal Civil Judge, Bangalore, who, while granting a decree of divorce to the peti-tioner (husband), awarded permanent alimony to the Respondent (wife) at Rs. 35/- per month from March 1961 and refused to grant her maintenance pendents lite and expenses of the proceedings applied for by her. In Miscellaneous Appeal No. 155/61 the husband challenges the grant of alimony, while in Miscellaneous Appeal No. 156/61 the wife complains that the amount granted is inadequate and that the refusal of interim alimony and expenses was unjustified and urges certain other minor grievances also.

(2.) Though the husband's appeal purports to be against the grant of alimony itself, his learned Advocate has confined himself to urging that the amount granted is excessive. He does not contend that no alimony at all should have been granted.

(3.) It is not in dispute that the husband gets a monthly pay of Rs. 211/- and an additional sum of Rs. 34/- by way of allowances, and that he has 4 1/2 acres of dry land of which, however, he is not the sole owner, since it is joint family property in which his two brothers also have rights. While the wife puts the income from the land at Rs. 2000/- per year, the husband says that it is only Rs. 50/-. The husband has examined himself and has confirmed this estimate of the income. He has not been cross-examined on that point. The wife has not stepped into the witness-box.