JALASUTRAM ANNAPURNAMMA Vs. JALASUTRAM RAMAKRISHNA SASTRY

JUDGEMENT

(1.) This is a Letters Patent Appeal against the order of our learned brother, Kumarayya, J. In C. M. P. No. 2779 of 1957.

(2.) The appellant is the husband of the respondent. He filed O. P. No. 111 of 1955 and O. P. No. 5 of 1956 on the file of the Court of the District Judge of Masulipatnam for dissolution or his marriage with the respondent and obtained an order for dissolution of the marriage. The respondent i. e., the wife, preferred C. M. A. No. 263, of 1956 against the order of the learned District Judge. Pending the appeal, she filed C. M. P. No. 2779 of 1957 for interim relief under Section 24 of the Hindu Marriage Act (XXV of 1955). The learned Judge directed the appellant to deposit a sum of Rs. 80.00 in Court or pay the same to the counsel for the respondent in two monthly installments towards expenses and to pay her maintenance at Rs. 15.00 per month from November, 1957. The appellant has preferred this appeal against that order. The Letters Patent Appeal was directed to be posted along with the C. M. A., and both the appeals have been posted today for disposal.

(3.) The learned counsel for the wife represented that notwithstanding the order of Kumarayya J., the appellant has not deposited the amount towards expenses and, in the circumstances, she expresses her inability to proceed with the Civil Miscellaneous Appeal. We, therefore, proceed to consider the Letters Patent Appeal on its merits.