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1987 Supreme(Bom) 187

P.B.SAWANT, G.H.GUTTAL
Vera Aranha – Appellant
Versus
Jacob Harlad Aranha – Respondent


JUDGMENT - GUTTAL G.H., J.:—This appeal has been placed before us upon a reference made by Daud, J., made on 13th March, 1987. The facts giving rise to this reference are as under:

2. The appellant, who is the wife of the respondent to this appeal, instituted M.J. Petition No. 714 of 1977 for divorce on the grounds that the respondent husband was guilty of adultery and cruelty. The parties are Indian Christians and are governed by the Indian Divorce Act (hereinafter referred to as the “Act”). During the pendency of the M.L. Petition No. 714, the appellant made a Petition viz. No. 77 of 1982 for alimony pendente lite under section 36 of the Act. On 25th January, 1983, the Bombay City Civil Court, where the M.J. Petition No. 714 of 1977 was sent for trial and disposal, made an order awarding a sum of Rs. 100/- to the appellant as interim alimony. On 28th January, 1983, the same Court allowed a sum of Rs. 750/- towards the expenses to prosecute the petition. On the same day, M.J. Petition No. 714 of 1977 was disposed of by a decree of divorce in favour of the appellant. In this appeal, the order of the Bombay City Civil Court dated 25th January, 1983 awarding interim alimony of Rs. 100









































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