B ISWARAYYA Vs. SWARNAM ISWARAYYA

JUDGEMENT

(1.) The principal question which is raised for decision by this appeal is whether, under the Divorce Act (No. 4 of 1869), the Court, having once made an order granting permanent alimony to a wife who has obtained a decree for judicial separation, has power to make a subsequent order increasing the amount of such alimony. In addition, some points of minor importance are involved, as will subsequently appear.

(2.) The respondent, having obtained a decree for judicial separation against her husband, the appellant, applied for permanent alimony under S. 37 of the Act. Upon that application an order was made on 1st February 1922, by which the husband was ordered to pay to the wife Rs. 120 a month for her life. An order was also made against him for the payment of Rs. 120 a month in respect of the four children of the marriage. The wife and children appealed. Pending the appeals, the means of the husband had apparently permanently improved ; for the High Court at Madras (while holding that they should not interfere with an order which was rightly made in the circumstances which existed at its date, and dismissing the appeals), used the following language : " In view of the increase in his pay and improved circumstances, and in view also of the greater age of the children, there are good grounds for giving them more. It will be open to the lady and children to go back to the learned Judge at Tanjore, and ask for an increase in the alimony, as from such date as they may be advised. "

(3.) The High Court's order dismissing these appeals is dated 28 January 1925. In the following year two petitions were presented in the Court of the District Judge of East Tanjore, viz., a petition by the four children under S. 42 of the Act praying for a sum of not less than Rs. 300 a month for their maintenance ; and a petition by the wife praying for a sum of Rs. 260 a month for alimony. The District Judge made one decree on the two applications. It is dated 8 March 1927, and orders the husband to pay to the wife at the rate of Rs. 310 per mensem (Rs. 30 for the eldest girl and Rs. 40 for each of the other three children-in all, Rs. 150 plus Rs. 160 to the wife) towards the maintenance and education of the children and for alimony. It further orders that the Rs. 150 be paid for the maintenance and education of the children until each of them attained the age of 21, or until the girls got married.