DASHRATH YADAV Vs. SAROJ

JUDGEMENT

(1.) This is a revision against the Order 14-7-1988, passed by Shri R.C. Joshi, Fifth Additional Judge to the Court of the District Judge, Indore in Case No. 12/84, whereby the learned Judge has granted interim maintenance @ Rs. 150/- per month to the respondent from the date of the application, i.e. 1-7-1976 and further the petitioner has been directed to deposit the monthly interim maintenance by the 15th of the next calendar month.

(2.) The short facts leading to this revision petition are, thus : That the petitioner obtained a decree for divorce dt. 6-8-1985 in the Hindu Marriage Case No. 23/84, passed by the Fifth Addl. Judge to the Court of the District Judge, Indore. Against this, the respondent preferred an appeal under S.28 of the Hindu Marriage Act, 1955 (for short' "the Act"). At the time of hearing of the appeal, the respondent filed an application under S.25 of the Act for permanent alimony of Rs. 250/- per month for herself and Rs. 150/- for the children. The appeal of the respondent was dismissed on 3-7-1986 and the decree for divorce passed in favour of the petitioner was confirmed. This Court while dismissing the appeal observed in para 6 of the judgment that the application under S.25 of the Act for permanent alimony, ought to have been made before the learned trial Court after the disposal of the petitioner's suit. However, considering the facts and circumstances of the case, the interest of justice demands that this application should be sent to the trial Court for disposal in accordance with law, after affording reasonable opportunity to both the parties to file reply documents and oral evidence, as they deem proper. The parties appeared before the Court but the application moved by the respondent under S.25 of the Act, was not received by the trial Court. In the circumstances, the respondent moved an application on 24-9-1986, contending therein that in the proceedings for divorce under S.13(a) and (b) of the Act, the respondent was getting interim maintenance @ Rs. 150/- per month, which has been stopped by the petitioner from 6-5-1985. In this application under S.25 of the Act, the respondent claimed maintenance @ Rs. 250/- per month for herself and Rs. 150/- per month for the children from 6-5-1985 and also sought for a relief for deposit of interim alimony from 6-5-85, which was granted to the respondent in the proceedings for divorce. The petitioner did not file any reply. On 28-9-1987, again the respondent filed an application for award of interim alimony @ Rs. 250/- per month till the decision of the petition under S.25 of the Act. This application was supported by an affidavit. The petitioner filed his reply on 6-11-1987, which was supported by an affidavit, wherein the petitioner contended that the respondent is an educated lady and is earning about Rs. 1,000/- per month by doing the job of typing, tailoring, knitting also and also by serving. Other allegations with respect to the ornaments etc. were also made. The petitioner also contended that though his pay is Rs. 1269.48 per month but he is getting nothing from the salary is the amount of loan is being deducted and/or adjusted from his salary.

(3.) The learned trial Court after perusing the application and the documents on record, passed the impugned order, whereby an interim maintenance was granted to the respondent @ Rs. 150/- per month from 1-7-1985 (1986) i.e. from the date when the respondent filed an application under S.25 of the Act, before the High Court in the First Appeal.