URLANKULA GOPAL RAO Vs. URLANKULA SURAMMA

JUDGEMENT

(1.) This appeal has been referred to a Division Bench by Satyanarayana Rao. J., as it raises an important question of law, namely whether the wife is entitled to maintain a suit for recovery of past and future maintenance from her husband after an order for judicial separation is made under section 10 of the Hindu Marriage Act or is her remedy only to invoke the jurisdiction of the matrimonial Court under section 25 of the Hindu Marriage Act.

(2.) The appellant who was the defendant in O. Sec. 22 of 1962 Sub Court, Srikakulam was married to the plaintiff in that suit about 10 years ago. The plaintiff alleging that the defendant did not take her to his house and lead conjugal life with her and deserted the plaintiff wilfully and neglected her fora continuous period of six years, filed O. P. 44/61 on the file of the Subordinate Judge's Court, claiming judicial separation. The defendant alleged in his counter to that petition that the marriage was brought about on some compulsion by his parents with the plaintiff, that the plaintiff and defendant had no affection to each other and that he had no objection to the Judicial separation, Ultimately, a decree for judicial separation was passed on 10-8-61. The plaintiff, thereafter filed the suit which has given rise to this appeal, for recovery of future maintenance at the rate of Rs. 60.00per month and past maintenance of Rs. 4320.00with a charge on the defendant's 1/4th share in the plaint A, B and C scheduled properties.

(3.) The defendant contended that the plaintiff was not entitled to any separate maintenance. He also contended that the maintenance claimed is abnormal as he was getting only a salary of Rs. 45.00per month. He further contended that as the plaintiff obtained an order for judicial separation she could have asked for alimony under section 25 of the Hindu Marriage Act and the suit for maintenance was not maintainable.