BALDEV SINGH Vs. BALJIT KAUR

JUDGEMENT

(1.) On 28-4-1978, Smt. Baljit Kaur got a decree of divorce against her husband Baldev Singh on the ground of cruelty. That decree became final between the parties. On 6-8-1980, she filed a petition under section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) for the grant of permanent alimony in which she pleaded that Baldev Single owned 7/8 killas of land and was running a dairy besides owning four houses, and that his income was Rs. 2,000 per month. She claimed Rs. 400 per month as the permanent alimony. The petition was contested by the husband who pleaded that she had filed a petition against him under section 125 of the Code of Criminal Procedure for the grant of maintenance, which application was dismissed by the Judicial Magistrate on 6-11-1978 and that order was upheld in revision by the Additional Sessions Judge, on 24-5-1979, and, therefore, she cannot claim permanent alimony. He further pleaded that it was the wife who was not prepared to live with him whereas he was ready to keep her.

(2.) On the contest of the parties, the following issues were framed :-

(3.) By judgement dated 21-1-1981, the learned Additional District Judge, Patiala, allowed Rs 100 per month as permanent alimony to the wife after recording a finding that the minimum income of Baldev Singh was Rs. 500 to Rs. 600 per month. This is Baldev Singh's appeal from the aforesaid judgment.