JAGDISH Vs. BHANUMATI

JUDGEMENT

(1.) The marriage between the applicant and non-applicant was solemnised at Nagpur according to Hindu rites in February 1960. After the marriage, the applicant and non-applicant were staying together at Jharsugda in district Sambalpur of Orissa State. The non-applicant wife, after some time returned to Nagpur to reside with her father. She filed a petition for judicial separation in June, Senior Division, Nagpur. It was registered as H M. P. No. 96 of 1970. However, she withdrew the same on 21-9-1970 by filing a pursis to that effect.

(2.) Subsequently, the husband present applicant, presented a petition for dissolution of marriage in the year 1975, at the Court of the Subordinate Judge, Sambalpur in Orissa State. It was registered as Title Suit No. 27 of 1975. Summons of the said suit was duly served upon the non-applicant wife, but the failed to appear and contest the same. On 30-3-77, the Subordinate Judge at Sambalpur passed an exempted parte decree of divorce as prayed for by the husband.

(3.) The non-applicant wife did not take any step for setting aside the said exparte decree, nor did she prefer any appeal against the same. It is thereafter, that on 20-6-78, the non-applicant wife presented an application under Section 25 of the Hindu Marriage Act for grant of permanent alimony. This application Judge, Senior Division, Nagpur and came to be registered as Miscellaneous Judicial Case No. 149/78. She also preferred application under Sections 24 and 26 of the Hindu Marriage Act read with Section 151 of the Civil P. C. for interim maintenance for herself and her child.