LAWS(MPH)-1997-11-28

KANAHAIYALAL Vs. CHANDABAI

Decided On November 26, 1997
KANAHAIYALAL Appellant
V/S
CHANDABAI Respondents

JUDGEMENT

(1.) - This appeal is for challenging the order of the trial Court by which the trial Court granted permanent alimony in favour of respondent/wife in absence of a separate application in view of the provisions of Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as Act).

(2.) Shri Pavecha, counsel for the appellant submitted that there should have been a separate application for claiming permanent alimony in view of the provisions of Section 25 of the Act.

(3.) Shri Salem Khan, counsel for the respondent pointed out that such a prayer has been made in matrimonial petition itself and that is sufficient for invoking the powers of the Court in view of the provisions of. Section 25 of the Act. He justified the impugned order of permanent alimony as correct, proper and legal.