SHRI JAGDISH CHANDER Vs. SHRIMATI PARKASH VATI

JUDGEMENT

(1.) THE facts relevant for determining the present appeal are these. On 19th March, 1962 a petition for judicial separation under section 10 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) was filed by Jagdish Chander against his wife, Smt. Parkash Vati. During the pendency of this petition, on 7th May, 1962 Smt. Parkash Vati filed an application for maintenance pendente lite under section 24 of the Act. This was granted on 12th June 1982 and it was ordered that she should be paid Rs. 25/ - per mensem as maintenance with effect from 1st June, 1962. On 30th March, 1963 an application under section 25 of the Act for fixing permanent alimony was filed by the wife praying that in case a decide for judicial separation is granted, she should be paid maintenance on permanent basis. Notice was given to the other side regarding this application and the husband gave a reply on 3rd April 1963, on which date the trial Court ordered judicial separation. The application under section 25, however, remained pending for decision. On 10th July, 1963, the wife filed an appeal in this Court (F. A. O. No. 102 -D of 1963) against the order granting judicial separation. On 20th March, 1964 this appeal came up for hearing before Grover J, who dismissed the same, but towards the end of his judgment, the learned Judge observed thus -

(2.) LEARNED counsel for the appellant submitted that the learned Single Judge had no jurisdiction to pass such an order because (a) no ground in this respect was taken by the respondent in the appeal filed in this Court (b) this order would prejudicially affect the interests of his client, because an application under section 25 of the Act was still pending before the trial Court and (c) no application had been filed by the wife either under section 24 or section 25 of the Act when her appeal was pending in this Court. Learned counsel for the respondent, on the other hand, contended that the learned Single Judge, when dismissing the appeal of the respondent, was making a final order regarding judicial separation and, therefore, he could under the provisions of section 25 pass an order with regard to permanent alimony. It was brought to the notice of the learned Single Judge that an application under section 25 of the Act was pending before the trial Court and that he should pass suitable orders in this respect. Consequently the learned Judge held that the wife was entitled to permanent maintenance and so far as the actual quantum was concerned that would be determined by the trial Court At the same time, he passed an order granting interim, maintenance to the wife at the rate of Rs. 25/ - per mensem upto 1st April, 1964 and after that Rs. 50/. per month till the decision of her application under section 25 of the Act.

(3.) APPEAL accepted.