ERWIN KLEIN Vs. KATHLEEN KLEIN

JUDGEMENT

(1.) This appeal is wholly unmeritorious on the facts and I am glad to be able to say that even no technical support is lent to it by the provision of law upon which the learned Counsel for the appellant relied.

(2.) The appellant is one Erwin Klein, who is said to be a musician by profession. The respondent is his wife. The parties were married in 1940, but in November, 1947, while living in Calcutta they separated. The husband continued paying a maintenance allowance to the wife till February 1950, but thereafter stopped payment altogether. In those circumstances, the respondent brought a suit on 24-6-1950, for judicial separation as also the custody of the two children of the marrige, a boy and a girl. The decree for Judicial separation was, we are informed, asked for on allegations of adultery on the part of the husband. The wife obtained a decree on 25-8-1950, by which the custody of the children was also given to her. in the suit itself she had made no prayer for alimony 'pendente lite' or permanent alimony and so no order for alimony was made in her favour.

(3.) The application out of which the present appeal arises was made by the respondent on 24-1-1952, that is to say, sixteen months after the date of the decree. The wife alleged that the husband had still not been paying her any money at all and she was in serious difficulty. It appears that the appellant had been paying a sum of Rs. 130/- per month as the educational expenses of the son, but we are told that after the son had been removed from the school where he had been studying, even that allowance was stopped.