TH DHURUDEV SINGH Vs. SHANTA DEVI

JUDGEMENT

(1.) THIS is an appeal by the husband against an order passed by the District Judge, Udhampur refusing to set aside the order of alimony passed in the present case.

(2.) IT appears that an ex -parte decree for dissolution of marriage was passed on 29 -6 -1964. Thereafter on 24 -8 -1966 the respondent applied for alimony under S. 25 of the Hindu Marriage Act. A compromise was entered into between the parties by which the husband agreed to pay a lump sum of Rs. 1,000 as alimony to his wife and a monthly allowance of Rs. 45. It appears that the husband did not pay the amount agreed to under the compromise and therefore the wife sought execution of the decree before the District Judge. The appellant objected to the execution of the decree on several grounds one of which was that since the wife was leading an unchaste life, the order of alimony should be rescinded. The learned Judge over ­ruled the objection of the appellant and held that it was not necessary to give his finding.

(3.) BEFORE us Mr. S. P. Gupta has raised two points. In the first place he submits that the order passed by the Court on the basis of the compromise was wrong inasmuch as under S. 25(1) of the Act an alimony could be granted for a lump sum or on monthly payment but not for both. In our opinion this conten ­tion is without substance S. 25 does contain this restriction but there is no express prohibition or inhibition which compels one party or the other from contracting out of the statute which is essentially a provision meant for the benefit of the husband and the wife and it is open to the parties to waive the same.