RAMALINGAM Vs. INDIRA GANDHI

JUDGEMENT

(1.) IN view of the order to be passed hereunder, it is unnecessary to refer the factual matrix, as stated by the petitioner as well as the respondent.

(2.) IN the earlier round of litigation, namely, CRP No. 537 of 2003 filed by the wife, viz. , Smt. Indira Gandhi, (respondent herein), by order dated 28. 08. 2003, this Court directed the Principal Subordinate Judge, Villupuram to take into account the requirements of Section 25 of the Hindu Marriage Act. In the same order, this Court also directed the learned trial Judge to consider the question of maintainability of the application filed under Section 25 of the Hindu Marriage Act, if raised by the husband.

(3.) IT is the grievance of the revision petitioner-husband that in view of the fact that HMOP No. 92 of 1992 came to be dismissed for default and not pending on the date of passing of the impugned order, there is no question of payment of alimony either temporary or permanent. According to the learned counsel, in the light of the language used under Section 25 of the Hindu Marriage Act, taking note of the fact that the petition filed by the husband has been dismissed for default, the impugned order passed by the Court below is liable to be set aside.