The main legal point established in the judgment is that once the marriage is dissolved, a divorced wife's claim for maintenance must be made under section 25 of the Hindu Marriage Act, and section 18 of the Hindu Adoptions and Maintenance Act has no application in such cases.

JUDGMENT - DHARMADHIKARI B.P., J.: - Very small issue falls for consideration of this Court, hence, Rule. Rule made returnable forthwith and heard finally by consent of parties.

2. The challenge in this petition under Articles 226 and 227 of Constitution of India is to the order dated 2-4-2004 passed by 2nd Joint Civil Judge, Senior Division, Akola in Special Civil Suit No. 143/2003. By the said order, the learned trial Court has rejected the application, Exhibit-19 which was preliminary objection to the tenability of suit filed by present petitioner/husband. Necessary facts in this respect can be briefly summarized as under:

3. The above mentioned RCS 143/2003 is filed by present respondent, a divorced wife of petitioner, under section 18 of Hindu Adoption and Maintenance Act read with section 25 of Hindu Marriage Act for grant of maintenance. By the said application, she has stated that she is married with petitioner and their marriage took place on 27-2-1994. By prayer clause, she has asked for a decree of past arrears of maintenance of Rs. 1,08,000/- and a direction to pay and to continue to pay Rs. 3,000/- as maintenance every month in future. The petitioner appeared in response to the said suit and filed his written statement. In his written statement he has pointed out that he had filed Hindu Marriage Petition No. 72/2001 before the Court of Civil Judge, Senior Division, at Kalyan for dissolution of marriage under section 13(1)(ia) of Hindu Marriage Act and the said Court allowed his petition by its judgment dated 30th January, 2002 and accordingly the marriage between them is already dissolved. He further pointed out that in such circumstances, the Civil Court at Akola, which has taken cognizance of RCS No. 143/2003 had no jurisdiction and the matted ought to have been filed before the Civil Judge, Senior Division, at Kalyan, who granted the decree of divorce.

4. It appears that on 12-3-2004 the petitioner, filed a preliminary objection and pointed out that the Court at Akola had no jurisdiction and the proceedings ought to have been filed before Kalyan Court under section 25 of Hindu Marriage Act. The learned trial Court has considered said preliminary objection (Exhibit 19) and has rejected it on 2-4-2004.

5. I have heard Advocate C.A. Joshi for petitioner/husband. By placing reliance upon the judgment of this Court reported at 1983 Mh.L.J. 754 (Jagdish Premji Ruparel v. Bhanumati Jagdish Ruparel)1, he contends that it is only the Court at Kalyan which had jurisdiction to take cognizance of application under section 25. He contends that the learned Court below has not followed the law correctly. He contends that section 19 of Hindu Marriage Act is considered by this Court and the Court has found that section 25 is worded differently and jurisdiction to entertain application under section 25 is given to the Court exercising jurisdiction at the time of passing of any decree or at any time subsequent thereto. He states that section 19 speaks of petitions to be filed under Hindu Marriage Act and relies upon the observations of learned Single Judge, as contained in para Nos. 16, 17 and 18 of that judgment. The said observations read as under :

"16. I am unable to agree with the contention of the non-applicant-wife that the word "any Court exercising jurisdiction under this Act" could be referable to the one defined in section 19 of the Act. In fact, I feel that the word "any Court" is used advisedly to include any Court within the definition of section 13-B. However, once a petitioner for substantive relief is filed in one of the courts who have jurisdiction to deal with the substantive relief as defined under section 19, then the consequential relief under sections 24, 25 and 26 have to be sought for only from the Court exercising jurisdiction at the time of passing a decree or subsequent thereto.

17. It also cannot be lost sight of that Hindu Marriage Act is a special Legislation codifying the ancient Hindu Law. The objec

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