PRABHAKAR BHASKAR Vs. USHA PRABHAKAR

JUDGEMENT

(1.) This is an appeal filed by the original plaintiff against the decision of the suit filed by him for dissolution of his marriage with the defendant. The plaintiff sued for dissolution of his marriage on the ground that although they were married on 11-5-1944, his wife had deserted him for a continuous period of over four years'. The suit was defended by the wife on the allegation that she had not deserted the plaintiff, and that whenever she was away from her husband's house, there was reasonable cause which justified her in doing so.

(2.) The learned trial Judge came to the conclusion that the defendant bad deserted her husband for a continuous period of over four years, and that, therefore, the plaintiff was entitled to a decree for divorce. Accordingly the learned Judge passed a decree declaring that the defendant's marriage with the plaintiff was dissolved from the date of his judgment. In making that order, he directed that the plaintiff should pay a maintenance of Rs. 20 per month to the defendant so long as she remained chaste and unmarried. The defendant was also given liberty to make an application for an order for a charge on the plaintiff's property in respect of her claim for maintenance. Against that order the plaintiff has filed tin's appeal, and the only ground on which the appeal is sought to be supported is that the question of alimony was neither pleaded nor put in issue, and that, therefore, the trial Court a order Baking a provision for alimony was wrong.

(3.) A preliminary objection has, however, been taken by Mr. Eege, for the respondent wife, that in appeal does not lie to this Court and that it lies to the District Court of Thana. It is argued by Mr. Eege that as the decree under appeal is a decree of the Court of the Civil Judge, Senior Division, Thana, an appeal would lie to the District Court under the provisions of Section 8, Bombay Civil Courts Act of 1869.