JUDGMENT - A.A. DESAI, J.:---This appeal raises a question as to whether a spouse having failed to secure a matrimonial relief, is entitled to a claim of permanent alimony under sub-section (1) if section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955").

2. The trial Judge, in a proceeding initiated by the respondent-wife under section 9 of the Act of 1955 rejected the claim of the restitution of conjugal rights. However, the learned Judge by the impugned order dated 27-1-1988 granted permanent alimony in favour of the responded-wife. The respondent-wife did not question the correctness or legality of the order refusing to grant her restitution. However, the appellant-husband by instant appeal, challenged the order granting permanent alimony in favour of the respondent-wife.

3. This Court on 24-2-1988 admitted the appeal as presented by the husband. The main submission as convassed in the instant appeal is that term 'any decree' as incorporated under sub-section (1) of section 25 envisages only affirmative decree and the decree refusing to grant matrimonial relief is not inclusive. Agarwal, J., heard this

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