LAKHAN Vs. DAGDU BAI

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') arises out of an application made under Sec. 25 of the Act.

(2.) Appellant Lakhan and respondent Dagdubai were married according to Hindu rites. A decree for divorce was passed an 16-11-78 in Civil Suit No. 4-A of 1978 of the Court of District Judge, East Nimar, Khandwa. on a finding that Dagdu Bai had deserted the appellant for no good cause for over two years of the making of that claim. After passing of that decree the respondent found herself to be completely without any income to maintain herself and therefore, applied to the District Court for an order under Sec. 25 of the Act. A sum of 200.00 per month was claimed as permanent alimony.

(3.) The application was resisted on the ground that the respondent is living with one Gajru alias Gajraj in adultery. On question of quantum of Permanent alimony it was alleged that the appellant was earning 3.00 per day as a labourer and therefore, was not even in a position to maintain himself.