PANNALAL Vs. LUSANBAI

JUDGEMENT

(1.) In this appeal filed by the husband against the trial Court's order granting maintenance to the respondent-wife under Sec. 25 of the Hindu Marriage Act, the husband has made an application for modifying/rescending the order in face of the certain changed circumstances.

(2.) The respondent-wife Smt. Lusanbai had obtained the decree for divorce on 27-7-1982 in Civil Suit No. 6-A/82. Thereafter, on her application under Sec. 23 of the Hindu Marriage Act, the trial Court, in the light of evidence on record, directed the present appellant-husband :

(3.) Now, in the course of the present appeal preferred under Sec. 28 of the Hindu Marriage Act, the appellant-husband amended his written statement to the effect that the wife after getting the divorce had immediately clandestinely married one Chetan Prasad and had left the village for good ; and as such, she was not entitled to any maintenance. A.O. No. 126 of 1983 Decided on 7-11-1985 amount. In the light of this amended written statement, the husband claimed rescending or modification of the impugned order of maintenance. In the light of changed circumstances, as now pleaded and as incorporated in the amended written statement, the following issues have been framed and my findings are noted against them : <FRM>JUDGEMENT_56_LAWS(MPH)11_1985_1.html</FRM>