A. R. BAKSHI, P. N. BHAGWATI, J.

( 1 ) THIS appeal raises a short but interesting question of construction of sec. 25 of the Hindu Marriage Act 1955 The question is whether a husband or wife can apply to the Court for permanant alimony under sec. 25 after the passing of a decree for divorce. There is a decision of Raju J. in Gunvantrai v. Bai Prabha A. I. R. 1963 Gujarat 242 (V G. L. R. 188 where the view has been taken that such an application cannot be made as the decree for divorce puts an end to the relationship of husband and wife and thereafter any application made to the Court cannot be said to be an application by the husband or the wife as required by sec. 25. The validity of this view is questioned in the present Second Appeal. The question raised is a pure question of law depending on the construction of sec. 25 but it is necessary to state briefly a few facts giving rise to the appeal as they are relevant to the alternative contention urged on behalf of the appellant.

( 2 ) THE appellant and the respondent were married according to Hindu rites and one son was born of this marriage. The appellant and the respondent however soon fell out and the respondent left the appella

Click Here to Read the rest of this document