SEETA RAM Vs. PHOOLI

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act. 1955, hereinafter to be referred as the "act", against an order of the learned District Judge, Merta, awarding maintenance to the wife under Section 25 of the Act at the scale of Rs. 60/- per month consequent to the award of a decree of restitution of conjugal rights under Section 9 of the Act in favour of the wife.

(2.) SMT. Phooli applied before the Court of the learned District Judge, Merta for restitution of conjugal rights against her husband and on 10-5-1967 the learned district Judge awarded a decree of restitution of conjugal rights in favour of the wife. It is Ex. 1 on record. No appeal was filed against that decree. Thereafter the wife made an application under Section 25 of the Act for fixing permanent alimony. She claimed Rupees 200/- p. m. The application was resisted by the husband. He admitted that a decree was given in favour of the wife for restitution of conjugal rights, but he pleaded that though he was prepared to keep her, it was the wife herself who was not coming to him.

(3.) THE learned District Judge framed a number of issues. Some witnesses were examined by both the parties. The learned District Judge examined the plea of the husband if he were prepared to keep the wife and for that he referred to the earlier statement of the husband wherein he stated that even if his wife were to come and live with him, he was not prepared to keep her as she was not suitable for him. He further stated that his wife was ugly faced and consequently he was not prepared to keep her. When faced with this previous statement the husband admitted that he had correctly stated so. The learned District Judge, therefore, did not accept the husband's offer as bona fide. He held that the wife was entitled to maintenance even though she might be living separately from her husband. As regards the determination of the amount of maintenance the learned District judge referred to the provisions of Section 23 (2) and (3) of the Hindu Adoptions and Maintenance Act. 1956 and fixed the maintenance at Rs. 60/- per month.