SARDARI LAL Vs. VISHANO

JUDGEMENT

(1.) THIS is an appeal against the order and decree dated 27 -5 -1969 passed by the District Judge, Kathua, for a payment of monthly alimony at the rate of Rs 20/ - to Mst. Vishano till she dies or remarriages and Rs. 15/ - to Pawan Kumar minor son till he attains the age of majority" by the appellant.

(2.) THE brief facts are that the appellant was the husband of the respondent No 1. He instituted an application u/s 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act for dissolution of his marriage with the respondent on the allegation of her living in adultery. The application was decided in his favour on 13 -5 -1968 by means of an exparte decree. The appellant had further alleged that Pawan Kumar who was born of the respondent was not the son of the appellant but was the result of an adulterous life led by the respondent. This exparte decree has become final because after making an application for setting aside this exparte decree, the respondent did not press the application. These are the admitted facts before us.

(3.) AFTER the decree for divorce was passed, the respondent put in an application u/s 25 of the Act on 22 -10 -1968 claiming maintenance for herself as well as for her son Pawan Kumar. The trial court without perusing the objections of the appellant, recorded the evidence of the parties and ultimately passed the order and decree under appeal.