B.K. BARON Vs. MRS. ANNIE BARON

JUDGEMENT

(1.) THIS is an appeal by B.K. Baron against the order dated 7 -9 -1961 of the District Judge of Saharanpur dismissing his petition for stoppage of alimony directed to be paid to Mrs. Baron, on the ground that the District Judge had no jurisdiction to entertain such a petition.

(2.) MRS . Baron had applied for judicial separation and consequential relief. That petition was dismissed by the then District Judge. The High Court in appeal granted judicial separation and also alimony vide Mrs. Annie Baron v. B.K. Baron : AIR 1950 All. 516.

(3.) SECTION 37 of the Indian Divorce Act was amended under the Indian Divorce (UP Amendment) Act, 1957 in its application to this State and the amended Section 37 gives power to the court, i.e. to the High Court or the District Judge, as the case may be, to order payment of alimony. Under the proviso to this section the court can discharge or modify the order or temporarily suspend the same as to the whole or any part of the money so ordered to be paid. The use of the word "the" shall suggest that the court which can discharge or modify the order shall be the court which had passed that order. In the instant case, the order for payment of alimony was passed by the High Court and this order could be modified by the High Court and not by the District Judge.