MOHINDER SINGH Vs. AMARJEET KAUR

JUDGEMENT

(1.) The only question involved in this miscellaneous appeal is whether the order granting permanent alimony could have been restrained only from the date of the application under section 25(3) of the Hindu Marriage Act or it could be from a retrospective effect.

(2.) The short facts giving rise to this appeal are that Smt. Amarjeet Kaur obtained a decree of divorce ex parte against her husband Mahendra Singh on Nov. 22, 1977 and an order granting her permanent alimony in the sum of Rs. 100 per month was also made on that day. Thereafter Shri Mahendrasingh made an application on Feb. 27, 1980 for rescinding this order of permanent alimony on the ground that Smt. Amarjeet Kaur had been living an immoral life and had illicit relations with a number of persons and that at the time of the filing of the application she was living with one Banta Singh Nai (barber) as his wife.

(3.) The application was opposed by Smt. Amarjeet Kaur and three issues were framed by the learned District Judge, Ganganagar. Issue No. 1 related to the question whether Smt. Amarjeet Kaur had illicit relation with Balkarsingh. Issue No. 2 related to the fact whether she was living with Bantasingh as his wife and had contacted Nata with him. Issue No. 3 was regarding relief. Shri Mahendra singh only produced evidence. No evidence was produced by Smt. Amarjeet Kaur. After considering the evidence the learned District Judge found issue No. I against Shri Mahendrasingh but he decided issue No. 2 in favour of Mahander Singh and against Smt. Amarjeet Kaur holding that it was proved that Smt. Amarjeet Kaur living with Banta Singh as his wife after the decree of divorce. He, therefore, rescinded the order of permanent alimony with effect from Feb. 27, 1980, the date when the application under section 25(3) of the Hindu Marriage Act was filed. As a matter of fact, the learned counsel who appeared before the learned District Judge on behalf of Mahendra Singh had conceded before that Court that the order of permanent alimony could be rescinded only with effect from the date of the application under section 25(3) of the Hindu Marriage Act. Now against this order of the learned District Judge, Ganganagar dated Aug. 23, 1982 Mahendra Singh has come in appeal.