( 1 ) THIS is an application by a husband. On a petition presented by his wife the marriage was annulled on the ground that the wife was impotent at the time of the marriage and subsequent thereto. Subsequently she gave an application for permanent alimony but the learned Civil Judge Senior Division Morvi dismissed that application. In appeal the learned Assistant Judge at Morvi allowed her appeal and ordered the payment of alimony at Rs. 50/per month during her life time. It is against this order that the present revision application has been filed.

( 2 ) UNDER the Hindu Marriage Act No. 25 of 1955 there can be proceedings for restitution of conjugal rights or for judicial separation or for the dissolution of marriage by decree of divorce on any of the grounds mentioned in sec. 13 or for annulling a marriage by a decree of nullity on any of the grounds mentioned in section 12.

( 3 ) SEC. 24 of the Act provides for maintenance pendente lite. Sec. 25 provides for permanent alimony and maintenance and reads as follows :-"any Court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto on application made to it for the purpose by either the wife or the husband as the case may be order that the respondent shall while the applicant remains unmarried pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for the term not exceeding the life of the applicant as having regard to the respondents own income and other property if any the income and other property of the applicant and the conduct of the parties it may seen to the court to be just and any such payment may be secured if necessary by a charge on the immovable property of the respondent". It is important to note the words at the time of passing any decree or at any time subsequent thereto used in the above section. It is also important to note the words on application made to it for the purpose by either the wife or the husband as the case may be. It is also important to note the words order that the respondent shall while the applicant remains unmarried pay to the applicant.

( 4 ) THE view has been taken that the expression while the applicant remains unmarried is perhaps inappropriate and does not restrict the scope of section 25 to cases where a decree for divorce or nullity has been passed and that section 25 should also apply to proceedings for the restitution of conjugal rights or proceedings-for judicial separation.

( 5 ) THE expression while the applicant remains unmarried does not mean that the section is restricted to cases where the applicant is unmarried at the date of the application or at the date of the order for permanent alimony. The words remains is very important. The expression while the applicant remains unmarried would only show the nature of the order to be passed. While passing the order for permanent alimony the period of applicability of the order should be restricted to the period while the applicant remains unmarried if she was unmarried at the time of the order. While construing this expression we must not ignore the word remains in the expression remains unmarried. The applicability of the order should be restricted to the period while the applicant remains unmarried. In other words where the marriage has been dissolved by a decree of divorce or annulled by a decree of nullity the applicability of the order for permanent alimony should be restricted to the period during which the applicant remains unmarried.

( 6 ) BUT in the case of proceedings for judicial separation or for restitution of conjugal rights the applicant is married at the time of the order for permanent alimony and therefore the expression while the applicant remains unmarried has no application. Section 25 therefore applies to all kinds of proceedings under the Hindu Marriage Act of 1955 whether they are proceedings for judicial separation or for restitution o