N. DEEPA MEENAKSHI Vs. S. NAGARAJ

JUDGEMENT

(1.) The Petitioner's comprehensive prayers before the Trial Court are: (1) seeking for dissolution of her marriage under Sec. 13(l)(i-a), and (2) for Permanent Alimony under Sec. 25 of the Hindu Marriage Act. The Trial Court had rejected the same prior to numbering of the Suit on the ground that two separate Applications have to be filed, one for dissolution of the marriage and the other for Permanent Alimony under Sec. 25 of the Hindu Marriage Act. Challenging the rejection, the present Civil Revision Petition has been filed.

(2.) Under Sec. 25 of the Hindu Marriage Act, the Court is empowered to pass an Order of Maintenance on an Application filed by the wife or the husband as the case may be.

(3.) It is seen from the Petition filed in the instant case that the Petitioner had valued the relief of dissolution of marriage and the permanent maintenance separately and has also paid the respective Court-fees for the same. The cause of action for dissolution of the marriage and for Permanent Alimony is one and the same and the parties to the litigation are also one and the same.