MAHESH PRASAD Vs. CHHOTI BAI

JUDGEMENT

(1.) IN this appeal preferred under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') the husband/appellant has called in question the justifiability and the legal validity of the judgment and decree dated 18-10-93 passed in Civil Suit No. 22-A/91 by the learned District Judge, Hoshangabad to the extent that the said Court has granted permanent alimony at the rate of Rs. 300/- per month at the time of passing of the decree under Section 25 of the Act.

(2.) THE appellant as plaintiff had instituted the aforesaid suit for divorce on the ground of cruelty and dessertion. Many an averment was putforth to obtain a decree for divorce. An application preferred under Section 13 of the Act was resisted by the wife on the ground that she had not misbehaved in a cruel manner and the factum of dessertion, as putforth by the plaintiff, did not deserve consideration.

(3.) DURING the pendency of the suit an application under Section 24 of the Act was filed and the learned Trial Judge considering the facts and circumstances of the case fixed the interim maintenance at the rate of Rs. 150/-per month.