MEHTA GUNVANTRAY MAGANLAL Vs. BAL PRABHA KESHAVJI

JUDGEMENT

(1.) This is an application by a husband. On a petition presented by his wife the marriage was annulled on the ground that the wife was impotent at the time of the marriage and subsequent thereto. Subsequently, the gave an application for permanent alimony, but the learned Civil Judge, Senior Division, Morvi, dismissed that application. In appeal, the learned Assistant Judge at Morvi allowed her appeal and ordered the payment of alimony at Rs. 50/- per month during her life time. It is against this order that the present revision application has been filed.

(2.) Under the Hindu Marriage Act No. 25 of 1955, there can be proceedings for restitution of conjugal rights or for judicial separation; or for the dissolution of marriage by a decree of divorce, on any of the grounds mentioned in Section 13, or for annulling a marriage by a decree of nullity on any of the grounds mentioned in Section 12.

(3.) Section 24 of the Act provides for maintenance pendente life. Section 25 provides for permanent alimony and maintenance, and reads as follows: "Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the Court to be just, and any such payment may be secured, if necessary by a charge on the immovable, properly of the respondent ......" It is important to note the words "at the time of passing any decree or at any time subsequent thereto" used in the above section. It is also important to note the words "on application made to it for the purpose by either the wife or the husband as the case may be". If is also important to note the words "older that the respondent shall, while the applicant remains unmarried, pay to the applicant".