JAGDISH PRASAD TULSAN Vs. MANJULA TULSAN

JUDGEMENT

(1.) This is husband's appeal against an order passed by the trial Court granting permanent alimony to the wife under Section 25 of the Hindu Marriage Act. Brief outline of the admitted facts and circumstances under which this appeal arises is as follows :

(2.) Parties who are Hindus were married on 1st December, 1964. Shortly thereafter within about 7 or 8 months, the husband filed a petition for judicial separation against the wife on a number of allegations of cruelty as also desertion. While this proceeding was pending, upon her application the wife was allowed interim maintenance by the trial Court at the rate of Rs. 350 per month, which, however, on appeal to this Court was enhanced to Rs. 500 per month. On March 22, 1967 a decree for judicial separation was passed ex parte as the wife though filed written statement did not contest the proceeding at the hearing. On 14th June. 1967, the wife made an application for permanent alimony and claimed Rs. 1,500 per month After about lapse of 2 years thereafter the application for permanent alimony, though contested by the husband, was allowed and a sum of Rs. 500 per month was granted to the wife. This is how, in short, the husband felt aggrieved and preferred the present appeal.

(3.) It appears that before the trial Court, the application was opposed substantially on two grounds namely that (i) the wife was not entitled to any permanent alimony on the ground she treated the petitioner with cruelty and (ii) even if she is so entitled, the claim made by the wife for such alimony was excessive and illegal.