GUNVANTRAY MAGANLAL MEHTA Vs. BAI 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 she 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 decree of divorce on any of the grounds mentioned in sec. 13 or for annulling a marriage by a decree of nullity on any of the grounds mentioned in section 12.

(3.) Sec. 24 of the Act provides for maintenance pendente lite. Sec. 25 provides for permanent alimony and maintenance and reads as follows :-