TEHMI DINYAR MISTRY Vs. DINYAR KAIKHUSHROO MISTRY

JUDGEMENT

(1.) This first appeal is filed against the order dated 7-7-1972 passed by the Single Judge of this Court in Matrimonial Suit No. 36 of 1970 in the Parsi Chief Matrimonial Court at Bombay.

(2.) The few facts leading to this appeal are as follows:

(3.) The appellant is the ex-wife of the respondent. She had filed a suit being Matrimonial Suit No. 36 of 1970 for a decree of divorce or in the alternative for a decree of judicial separation and for a permanent alimony against the respondent under the provisions of the Parsi Marriage and Divorce Act, 1936 (hereinafter referred to as the said Act) in the Parsi Chief Matrimonial Court at Bombay. The Court by a decree dated 31-3-1971 dissolved the marriage between the parties under Section 35 of the said Act and granted divorce to the plaintiff-wife on the parties further the Court ordered the defendant-husband to pay to the plaintiff-wife on or before the 30th day of April 1971, a lump sum of Rs. 15,000/- as and by way of permanent alimony and also dismissed the plaintiff's petition for interim alimony. The present appellant thereafter on 28-11972 filed a petition in the Parsi Chief Matrimonial Court at Bombay praying for a direction to the respondent, her ex-husband, to pay the petitioner a sum of Rs. 800/- per month as alimony from 28-1-1972. The said petition came up for hearing before Justice Madan and by his order dated 7-7-1971, the learned Judge dismissed the petition by making the following order:-