IVAN ERASMUS Vs. ZENA ERASMUS

JUDGEMENT

(1.) This and the connected appeal both arise from an order dated 29th Sept., 1981 of the court of the IVth Add), District Judge, Allahabad awarding maintenance pendente lite to the respondent wife at the rate of Rs. 600 per month under Section 36 of the Divorce Act, 1869 (hereinafter referred to as the 'Act') in a suit for divorce instituted by the appellant against the respondent. The suit was filed on 13th Dec. 1978 and the application for maintenance pendente lite was made on 14th Jan. 1979. The order under appeal declares that the respondent is entitled to recover the sum of Rs. 19,800 by way of alimony pendente lite from Jan. 1978 up to Sept. 1981, on 29th day of which the order under appeal was passed. The year, 1978 specified in the order appears to be a mistake for the year 1979, for the amount of Rupees 19,800 works out to be maintenance for 33 months at the rate of Rs. 600 per month and that would cover the period Jan. 1979 to Sept. 1981 both inclusive.

(2.) The husband, who is the petitioner for divorce in the lower court is the appellant in this court in the main First Appeal No. 362 of 1981. After service of notice of that appeal the respondent wife has preferred the connected First Appeal No. 449 of 1981 claiming that in fixing the amount of maintenance the court below has ignored the requirement for maintenance of the minor daughter Nancy and that the order under appeal may be modified by enhancing the amount of maintenance to Rs. 1,000 per month which was the amount claimed in the application for maintenance in the court below, and also to award special costs.

(3.) A stay application was made when the appeal was presented before me. While directing issue of notice of the appeal and the stay application I had fixed 16th of Dec., 1981 for the hearing of the appeal as well as the stay application and had passed the following interim order :--