M D KRISHNA Vs. M C PADMA

JUDGEMENT

(1.) In this appeal by the husband, we are only concerned with as to whether the direction of the court to the husband to pay Rs. 120/- per mensem towards the permanent alimony for his wife from the date of his filing the petition i.e. 1st September 1962, and the further directions to him to return the cash of Rs. 2,000/-, along with the silver articles and the furniture as noted at items Nos. 2 and 4 in Schedule A of I. A. II or its value of Rs. 2,000/- are proper. This order was made on I.A. II filed by the wife in the petition filed by the husband under section 13, Clause 8 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), seeking a decree of divorce.

(2.) I.A. No. II was made under Ss. 25 and 27 of the Act seeking permanent alimony and maintenance of Rs. 150/- per month and also a direction in the decree with respect to the properties stated to have been presented to both husband and wife at the time of marriage and on subsequent occasions by parents and other relatives.

(3.) As to the claim of maintenance, the learned trial Judge, on the evidence, made the order directing the husband to pay Rs. 120/- p.m. as maintenance to the wife. The question is whether this order is justified by the evidence on record.