PRAMOD KUMAR KSHTRIYA Vs. CHHAYA

JUDGEMENT

(1.) IN the suit filed by the husband seeking relief of divorce against the wife, inter alia, stating that even after a decree for restitution of conjugal rights was passed, in favour of the husband the wife did not come to slay with the husband, the Court while granting decree also made an order under section 25 of the Hindu Marriage, 1955, directing that the husband shall pay Rs. 500/ - per month to the wife as permanent alimony and Rs. 400/ - to the minor son for maintenance. So far as the decree for divorce is concerned, it has not been challenged by either of the p.y, therefore, the matter in relation to that part of the decree is not required to be considered.

(2.) THE short question for consideration before this Court is whether the trial Court was justified and acted within jurisdiction in granting maintenance under section 25 to the wife and minor son without there being any application for the purpose.

(3.) THE question is whether the words 'on application made to it for the purpose' would cover the entire phrase between the two commas, i.e. at the time of passing any decree or subsequent there to. For considering the scheme of section 25, it would be important to consider the provisions of section 24 of the Act. Section 24 reads: