SARDA BAI Vs. SHABTI LAL

JUDGEMENT

(1.) This appeal arises out of order dated 6.5.1987, in regular civil suit No. 36-A/86, of the Court of District Judge, Dhar, dismissing the plaintiff-appellant's petition under the Hindu Marriage Act as not maintainable.

(2.) Appellant's case in brief, is that she is duly married wife of respondent Shantilal, who treated her with cruelty and was negligent in maintaining her properly. The relief however as prayed in para 13 of the petition related purely to maintenance amount, although in heading of the petition before start of the pleadings it is written that the petition was under Sec. 10/25 of the Hindu Marriage Act. In spite of this, the prayer clause (para 13) does not ask for any matrimonial relief whatsoever, except the maintenance amount.

(3.) There was application under Sec. 24. of the Hindu Marriage Act also for interim maintenance. Such a suit was objected as not maintainable, because it prayed for no matrimonial relief whatsoever except the maintenance amount under Sec. 25 of the Act.