( 1 ) THIS rule was obtained by the wife against an order refusing to allow her maintenance under Section 25 of the Hindu Marriage Act, 1955. The opposite party husband filed a petition under Section 13 of that Act praying for a decree of divorce. The petition was dismissed on l/-3-1960. Thereafter on May, 9, 1960, the petitioner wife launched an application praying for an order for her maintenance under Section 25. By an order dated August 12, 1950 me learned Judge dismissed the application on the ground that it was not maintainable. This rule is directed against the order dated August 12, 1950.

( 2 ) ON behalf of the opposite party husband it is urged that since the payment of maintenance under Section 25 of the Hindu Marriage Act, 1955 must be limited to the period "while the applicant remains unmarried", the applicant under the section must satisfy the condition mat she or he is "unmarried", and as the petitioner has not obtained a decree of divorce or nullity, she is not unmarried, being still the married wife of the opposite party, ana consequently her application under Section 25 is not maintainable. I am unable to accept this contention. An order for separate