SURJIT KAUR Vs. PARAGAT SINGH

JUDGEMENT

(1.) THE question arising for determination in this appeal whether a wife whose marriage having been dissolved with her guilty spouse and not having remarried is entitled as a matter of right to the grant of permanent alimony irrespective of other considerations, is one both of interest and importance.

(2.) THE Appellant -wife had been married to the Respondent Pargat Singh and they resided together for about twenty years. Though a number of children were born of this marriage, none is surviving. The Appellant, on the allegation that her husband had contracted a second marriage with her own sister, made an application for dissolution of marriage under Section 3 of the Hindu Marriage Act and a decree for divorce was passed in her favour and against the Respondent husband on 4th of December, 1959. The Appellant moved the present application for the grant of permanent alimony of Rs. 2,500 per annum against her husband on 27th of April, 1961. This petition has been dismissed on the ground that the wife having chosen to live in adultery with Desa Singh, a brother of the Respondent -husband, has forfeited her claim for alimony. The wife feeling aggrieved has come in appeal to this Court.

(3.) THE language of Sub -section (1) of Section 25 of the Hindu Marriage Act seems to support the contention raised on behalf of the Appellant. Under this provision: