RAMADEVI Vs. ASHOK KUMAR MOHANLAL VYAS

JUDGEMENT

(1.) HEARD Shri R.G. Waghmare, Senior Advocate with Shri R.R. Waghmare and Smt. Shubhada Waghmare, learned Counsel for the appellant on admission.

(2.) THIS is an appeal from the appellate judgment and decree passed by the learned Single Judge of this Court in First Appeal No. 49/92, arising out of the proceedings for divorce under the Hindu Marriage Act of 1955. The respondent -husband Ashok Kumar Vyas had claimed a decree of divorce on two grounds: (1) Failure to comply with the decree of restitution of conjugal rights and (2) cruelty practised by the wife against him. The Trial Court granted the decree of restitution of conjugal rights and (2) cruelty practised by the wife against him. The Trial Court granted the decree on both the grounds. On appeal the learned Single Judge has found that the decree was not sustainable on the ground of failure to comply with the decree of restitution of conjugal rights but has upheld the decree on the ground of cruelty. This appellate decree passed by the learned Single Judge is under challenge before us in this Letters Patent Appeal.

(3.) LET us first take up the point of grant of permanent alimony. Section 25 of the Hindu Marriage Act, 1955 very clearly states that any Court exercising jurisdiction under the Act, may at the time of passing any decree or at the time subsequent thereto, order that the respondent shall pay to the applicant maintenance. This clearly shows that an application Under Section 25(1) of the Act can be made and decided at the time of passing of decree or at any time subsequent thereto. There is nothing in the aforesaid decision which takes away the right of a claimant to permanent alimony or maintenance to apply for it subsequent to passing of the decree. There is, therefore, no force in the contention that the decree is vitiated for non -consideration of grant of permanent alimony.