SMT. BHUPINDERJIT KAUR Vs. VIJAY SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant wife against the order dated 1.4.1991 passed by the learned Additional District Judge, Hoshiarpur, in pursuance of which the application of the respondent husband under section 25 of the Hindu Marriage Act (hereinafter referred to as the Act) for the grant of permanent alimony at the rate of Rs. 700/ -p.m. till his life, was partly allowed. The appellant wife was to pay Rs. 250/ - per month to the respondent by way of alimony or maintenance. The order was effective from the date of application i.e., 19.5.1990.

(2.) NOTICE of motion was issued in the case on 4.6.1991 and the operation of the impugned order was stayed. Thereafter the case was admitted by this Court on 30.8.1991 and the stay granted earlier was ordered to continue. Earlier the case was also taken up before the Hon'ble Lok Adalat and efforts were make to compromise the matter but the efforts failed and the case was sent back to this Court for its decision on merits on 24.1.2000. Despite intimation the learned counsel for the respondent has not appeared.

(3.) DURING the pendency of the aforesaid petition for divorce, the respondent filed an application under Section 25 of the Act seeking maintenance at the rate of Rs. 700/ - per month. In the application, it was contended by the respondent that during the pendency of divorce proceedings, he was granted Rs. 500/ - as litigation expenses and Rs. 250/ - per month as maintenance pendente lite from his wife who was earning more than Rs. 2000/ - per month whereas he was unemployed and had no source of income.