MAYA DEVI Vs. MAHABIR SINGH

JUDGEMENT

(1.) This order will dispose of L.P.A. Nos. 203 and 256 of 1978, as both the parties feeling dissatisfied against the order of the learned Single Judge, have filed these appeals.

(2.) The marriage between the parties took place on 16th April, 1972. On 1st May, 1975, the husband filed a petition under Section 13 of the Hindu Marriage Act,1955(hereinafter called the Act)# against his wife Shrimati Maya Devi for seeking a decree of divorce on the ground of adultery. This allegation was denied in the written statement filed on behalf of the wife and on the pleadings of the parties, the following issue was framed:-

(3.) During the pendency of that petition, the wife made an application under Section 25(1) of the Act, for permanent alimony and maintenance. This application was contested by the husband, but the learned District Judge allowed a sum of Rs. 50/- per mensem as maintenance for the child and Rs. 50/- per mensem for the wife. Thus, it as held that the wife was entitled to get Rs. 100/- per per mensem as alimony under Section 25(1) of the Act, from her husband Mahabir Singh. Feeling aggrieved against this order of the learned District Judge, the husband flied an appeal in the High Court; whereas the wife tiled the cross-objections therein. The learned Single Judge has dismissed the cross-objections filed by the wife and has allowed the appeal of the husband as regards the granting of maintenance allowance against him.