UDAINATH MISRA Vs. CHHAYA MISRANI

JUDGEMENT

(1.) SECOND Appeal No. 405 of 1960 arises out of Title Suit No. 26 of 1954 and SECOND Appeal No. 404 of 1960 arises out of Title Suit No. 13 of 1955. The suits were respectively filed on November 16, 1954 and February 24, 1955. The genealogy in Title Suit No. 26 of 1954 is as follows : Chhaya filed the suit for recovery of maintenance and arrear of maintenance at the rate of Rs. 30/- per month. The genealogy in T. S. No. 13 of 1955 is as follows: This suit was filed by Udayanath for restitution of conjugal rights against Chhaya. Both the suits were heard analogously and the learned Subordinate Judge of Bolangir disposed them of on September 28, 1957. Title Suit No. 26 of 1954 was decreed granting maintenance at the rate of Rs. 20/- per month and arrears of maintenance at Rs. 240/-. Title Suit No. 13 of 1955 for restitution of conjugal rights was dismissed. The appeals against the judgment and decree of the learned Subordinate Judge were dismissed by the learned District Judge of Bolangir. SECOND Appeal No. 404 of 1960 has been filed by Udayanath and 405 of 1960 has been filed by Udayanath, Sidheswar and Parasana.

(2.) MR. Acharya, for the appellants in both the appeals, did not challenge the findings on fact arrived at by the courts below. It is, therefore, not necessary to give the details of fact on the basis of which maintenance or restitution of conjugal rights was claimed. The only point urged by him is that the Courts below had no jurisdiction to try the suits after the passing of the Hindu Marriage Act, 1955 (Act XXV of 1955) - hereinafter to be referred to as the Act which came into force on May 18, 1955. He relies upon sections 4, 9, 10, 19, 25 and 29 (3) of the Act, and certain reported decisions.