ISWARAYYA Vs. SWARNAM ISWARAYYA

JUDGEMENT

(1.) This is an application under Section 56, Indian Divorce Act (IV of 1869), for leave to appeal to His Majesty in Council from the order and decree of this Court in Appeal No. 169 of 1927 fixing the alimony to be paid by petitioner to respondent, his divorced wife, at Rs. 260 a month.

(2.) The amount originally fixed by the District Judge was Rs. 120 and this was confirmed on appeal. Then the respondent petitioned the District Judge for an increase and he fixed the amount at Rs. 160 plus Rs. 150 for the children. This Court found that nothing need be paid to the children who were no longer minors under the Act, but increased the alimony of the mother to Rs. 260.

(3.) The petitioner contends that there is no provision in the Act for increasing the amount of alimony once it is fixed and this Court is not justified in reading Section 37 as entitling the Court to make such orders as regards maintenance as may from time to time be reasonable.