GOVIND SINGH Vs. ASHA DEVI

JUDGEMENT

(1.) This is an appeal under section 28 of Hindu Marriage Act against order under section 25(2) of the said Act, whereby permanent alimony was enhanced to Rs. 150 per month from the date of application i. e. 28-11-1984.

(2.) Proceedings for divorce between the parties ultimately resulted in a decree for judicial separation Along with that alimony at the rate of Rs. 75 per month was also granted in favour of the respondent. The respondent applied for enhancement on the ground that the costs of living has gone up. The appellant opposed the application on the ground that he is retired Principal and his pension has not been settled till then.

(3.) On the date of evidence i e. 6-8-1985 the respondent examined herself and one more witness and closed her case. The appellant was absent. His counsel made an application requesting for time to produce appellant and his witnesses. This was rejected on the ground that the appellant had not even summoned any witnesses which showed his utter indifference. His evidence was closed and the impugned order was passed. Hence this appeal.