UMESH CHAND SHARMA Vs. RAMESHWARI DEVI

JUDGEMENT

(1.) These two cross appeals have been filed by either of the spouse against the order of the District Judge, Sawai Madhopur, Camp Gangapur City, dated 5-81980.

(2.) Rameshwari is the wife and Umesh Chand is the husband. A decree for dissolution of marriage has already been passed by the District Judge, and confirmed by this Court on the ground that Rameshwari has deserted Umesh Chand and in spite of a decree for restitution of conjugal rights, she did not comply with the decree and continued to stay away from the husband.

(3.) The present controversy has arisen in respect of the application of Rameshwari under Section 25 of the Hindu Marriage Act, 1955 for grant of permanent alimony and maintenance. The lower Court has come to the conclusion that Rameshwari is entitled to get permanent alimony and maintenance. She has claimed Rs. 200/- p. m. as per her application. The lower Court has directed that she would get Rs. 125/- p. m. as maintenance from her husband Umesh Chand and this maintenance would be given with effect from 22-1-1980. Both the parties are aggrieved by this order. Whereas, Rameshwari claims that the amount should be increased to Rupees 200/-, Umesh Chand has challenged the order on the ground that no maintenance whatsoever should have been allowed in view of the conduct of desertion by the wife.