VISHNU Vs. DURGA BAI

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (for short 'the Act') is directed against the order dated 23.04.2007 passed by the 1st Additional District Judge, Mandsaur in Hindu Marriage Case No.80/2006 whereby, the petition filed by the appellant / husband under section 9 of the Act for grant of decree for restitution of conjugal rights has been dismissed as withdrawn but, he has been directed to pay Rs.1500/ p.m. as permanent alimony to the respondent/wife and to pay Rs.500/ p.m. for maintenance of the minor daughter.

(2.) The facts necessary for disposal of this appeal stated in brief are that the appellant/husband filed a petition under section 9 of the Act praying for a decree of restitution of conjugal rights on the ground that the respondent/wife has deserted him without reasonable excuse. The petition was resisted by the respondent. During the pendency of the proceedings, the respondent filed an application on 7.11.2006 under section 27 of the Act for return of the articles. On 15.12.2006 the appellant filed an application for withdrawal of the petition for restitution of conjugal rights. The trial court instead of passing any order on the said application adjourn the case. Thereafter on 17.01.2007 the respondent filed an application under section 25 of the Act claiming permanent alimony. The trial court again adjourned the case and fixed it for arguments on the said applications. Again on 06.02.2007 the respondent filed an application under section 26 of the Act claiming maintenance for minor child. All the applications were listed for hearing and finally decided by the impugned order dated 23.04.2007.

(3.) By the said final order dated 23.04.2007 the learned trial court allowed the appellant's application seeking withdrawal of the petition for restitution of conjugal rights but, at the same time, also allowed the application filed by the respondent/wife for permanent alimony for herself and the application for maintenance for the minor daughter and directed the appellant to pay the amount under both counts as aforesaid. Feeling aggrieved by the part of the order, the appellant has filed this appeal.