MISS BLANCHE SOMERSET TAYLOR; CHARLES GEORGE BLEACH Vs. CHARLES GEORGE BLEACH; MISS BLANCHE SOMERSET TAYLOR

JUDGEMENT

(1.) Those are cross appeals from an order of the District Judge of Poona awarding a lump sum of Rs. 5,000 to be paid to the petitioner for permanent maintenance under Section 37 of the Indian Divorce Act IV of 1809. The petitioner appeals on the ground that the sum awarded is not sufficient and that, the Court should Lave secured to her a sum the interest of which would secure her at least Rs. 150 per mensem. The respondent appeals on the ground that the Court has no power to award payment of a lump sum and that if it had the power the sum awarded is excessive.

(2.) First, as to the power of the Court to award payment of a lump sum.

(3.) The material clause of Section 37 of the Divorce Act is the third. It gives the Court power to "order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as having regard" etc.