MUKAN KANWAR Vs. AJIT CHAND

JUDGEMENT

(1.) THIS is an application filed by Mst. Mukan Kanwar for grant of alimony pending the decision of the appeal filed by her against the judgment of the learned District Judge by which he annulled the petitioner's marriage with the respondent Ajit Chand.

(2.) THE contention of the learned counsel as raised by him during the course of arguments before me is that the order dated the 19th March, 1958, passed by a learned single Judge in the petitioner's revision against the order of the learned District Judge refusing her alimony pending the proceeding in the trial court vide Mukan Kanwar vs. Ajeet Chand (1) stands, and that his client is entitled to receive the same alimony pending the decision of the appeal. Learned counsel argues that the appeal filed by his client is nothing bur a continuation of the suit, and, therefore, the order made in the pendency of the suit automatically enures for the duration of the appeal also. In support of his submission, learned counsel has drawn my attention to the decision of the Andhra Pradesh High Court in Annapurnamma vs. Ramakrishna (2 ). I may state at once that this case offers no parallel to the case before me inasmuch as the wife there had not made any application for grant of alimony in the trial court and had made it only at the stage of appeal. An argument there was raised on behalf of the husband that such an application could not lie under sec. 24 of Hindu Marriage Act, 1955 (XXV of 1955 ). This argument was repelled and it was held that the appellate court had jurisdiction to make an interim order in terms of sec. 24 of the Act. THE present case is somewhat different inasmuch as here the wife was allowed interim relief by an order of this Court during the course of the proceedings in the trial court, and the contention is raised that that order still continues in force.