Judgement

Appeal (No. 39 of 1930) from an order of the High Court (February 15, 1928) varying an order of the District Judge of East Tanjore at Negapatam (March 8, 1927).

The main question arising upon the appeal was whether under s. 37 of the Indian Divorce Act, 1869, the Court, having already made an order that a husband, whose wife has obtained a decree for judicial separation, shall pay to her a monthly or weekly sum as permanent alimony, can make an order increasing the amount of the payments.

The High Court (Phillips and Reilly JJ.) affirmed the view of the District Judge that the Court had power to increase the alimony previously ordered to be paid ; the order of the District Judge was varied however in the manner, and for the reasons appearing from the judgment of the Judicial Committee.

1931. May 20, 21. Subha Row for the appellant. An order for permanent alimony having already been made the Court had no power to make an order increasing the amount to be paid. Sect. 37 empowered the Court to make only " an order," not, as earlier in the section, to " order." Nor does the section

B. Iswarayya V. Swarnam Iswarayya 159

contain the words " from time to time" used as to orders