RADHESHYAM GUPTA Vs. LAXMI BAI

JUDGEMENT

(1.) THIS is an appeal by the husband against an order dated 26th July 1976 by which the trial court has allowed maintenance at the rate of Rs. 100 per month to the wife under Section 24 of the Hindu Marriage Act, 1955. By the same order, the trial Court has also allowed Rs. 200 for expenses of the suit.

(2.) SHRI Jha, learned counsel for the respondent raised a preliminary objection before us that this appeal is not maintainable in view of the amendments made in the Hindu Marriage Act by Act 68 of 1976. Act 68 of 1976 came into force on 27th May, 1976. Section 28, as amended by this Act, does not provide for any appeal against an order made under Section 24. The application under Section 24 in this case was, however, made sometime in 1975 before coming into force of the amending Act. Section 28 as it then stood permitted an appeal against all decrees and orders and, therefore, an order made under Section 24 was then appealable. It is well settled that the right of appeal accrues on the date of institution of the original proceeding and is presumed to be not affected by a subsequent change in law jmless a contrary intention is expressed by the legislature (Garikapati v. Subbiah Choudhry, AIR 1957 SC 540 at p. 553 ). The right of appeal accrued in this case in 1975 when the application under Section 24 was made. The question to 'be decided by us is whether the amending Act expresses the intention to take away this right.

(3.) SECTION 39 of the amending Act (Act 68 of 1976), which is relevant on this point, reads as follows: