E A BENNY Vs. RAICHEL BINDU

JUDGEMENT

(1.) Challenge in this appeal is against the order passed by the learned Single Judge granting alimony pendente lite to the wife under S.36 of the Indian Divorce Act, 1869. O.P. (Div.) 10285/95 was filed by the husband under S.18 and 19 of the above Act for a declaration that the marriage between the petitioner and the respondent is null and void on the ground of fraud. Wife claimed alimony pendente lite at the rate of Rs. 1,500/- p.m. The claim was opposed by the husband contending that the application is not maintainable under S.36. Learned Single Judge did not accept the objection and granted the wife, interim alimony at the rate of Rs. 750/- p.m. Aggrieved by the above, husband has come up in appeal.

(2.) Mainly, two contentions are raised by learned counsel for the appellant. According to him, a petition for alimony pendente lite at the instance of the respondent in an application filed under S.18 and 19 of the Indian Divorce Act, 1869 is not maintainable.

(3.) S.36 of the Indian Divorce Act, 1869 reads as follows