ARUN VAMANRAO SHASTRI Vs. LINA ARUN SHASTRI

JUDGEMENT

(1.) The question which arises to be considered in this revision application is whether a Hindu wife who has obtained a decree for judicial separation under the Hindu Marriage Act (hereafter referred to as the said Act) should proceed only under sec. 25 of the said Act with a view to get maintenance or it is open to her to file a separate suit for obtaining maintenance without pursuing her remedies for the same under the said sec. 25.

(2.) The short facts of the case are that the petitioner of this revision application is married with opponent on 24th January 1964 In the year 1971 the opponent wife filed Hindu Marriage Petition No. 12/71 against the petitioner husband for obtaining a decree for judicial separation. It is an admitted position that this petition was filed on 1st February 1971 and it was disposed of on 15th April 1971 when a decree for judicial separation was passed in favour of the opponent wife. It appears that during the pendency of that petition no orders of maintenance pendente lite were passed by the court under sec. 24 of the Act. It is also an admitted position that neither at the time of passing the said decree of judicial separation nor at any time thereafter orders of permanent alimony and maintenance contemplated by sec. 25 of the said Act have been passed by the court.

(3.) The opponent wife has however filed civil suit No. 2024 of 1971 in the City Civil Court Ahmedabad for obtaining a decree of past as well as future maintenance. The claim of past maintenance amounts to Rs. 8975/and covers the period from 29th April 1968 to 17th of August 1971