MODILAL KALURAMJI JAIN Vs. LAKSHMI MODILAL JAIN

JUDGEMENT

(1.) This appeal raises a question as to whether a spouse having failed to secure a matrimonial relief, is entitled to a claim of permanent alimony under sub-section (1) if section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955").

(2.) The trial Judge, in a proceeding initiated by the respondent-wife under section 9 of the Act of 1955 rejected the claim of the restitution of conjugal rights. However, the learned Judge by the impugned order dated 27-1-1988 granted permanent alimony in favour of the responded-wife. The respondent-wife did not question the correctness or legality of the order refusing to grant her restitution. However, the appellant-husband by instant appeal, challenged the order granting permanent alimony in favour of the respondent-wife.

(3.) This Court on 24-2-1988 admitted the appeal as presented by the husband. The main submission as convassed in the instant appeal is that term 'any decree' as incorporated under sub-section (1) of section 25 envisages only affirmative decree and the decree refusing to grant matrimonial relief is not inclusive. Agarwal, J., heard this matter. His Lordship summarised views expressed by the various Benches of this Court as thus: