The court has jurisdiction to grant maintenance under Section 25 of the Hindu Marriages Act, 1955, without a separate application, if the issue is raised in the main petition itself.

The above revision has been filed against the order dated 1.8.1994 passed in I.A.No.133 of 1991 while disposing of the main petition, H.M.O.P. No.16 of 1988 on the file of the Sub-Court, Srivilliputhur. The petitioner herein husband has filed main O.P. under Sec.13(1)(b) of the Hindu Marriages Act. 1955, for divorce on the ground that the respondent/ wife has deserted the petitioner for a continuous period of not less than two years immediately proceeding the presentation of the petition. It is seen that out of the wedlock a male and a female child were born and from May, 1984, onwards the respondent/ wife left without any reason deserting him, to her parents’ house and in spite of best efforts taken she was not amenable even to the panchayat and having deserted the petitioner is entitled to divorce as payed for. The wife denied the claim of the husband pleading that the petitioner has contracted a second marriage and that he has been in the habit of ill-treating the respondent, that the petitioner is earning a sum of Rs.4,000 and that for her maintenance and the maintenance of the children a sum of Rs.2,000 will be required. An application in I.A. No. 133 of 1991 was also filed by the wife seeking for a maintenance of Rs.2,000 per month and also, a sum of Rs.1,000 towards litigation expenses. Both the petition for divorce and application for maintenance were taken up for trial as could be seen from the issues framed in paragraphs 6 and 7 of the order. Learned Subordinate Judge, Srivilliputhur, granted ultimately divorce in view of the fact that on the material placed on record there was no possibility of both the petitioner and the respondent living together peacefully and amicably as husband and wife and the grant of divorce would be in the interest of both parties. At the same time while dealing with the application I.A.No.133 of 1991 the court below came to the conclusion that a sum of Rs.1,500 must be ordered to be paid per month towards the maintenance and a sum of Rs.1,000 towards the litigation expenses. The application as well as the main O.P. as noticed earlier has been disposed of by a common order.

2. The husband has filed the above revision challenging the order in I.A. No. 133 of 1991 on the ground that in the absence of any specific application under Sec.25 of the Hindu Marriage Act, 1955, the court below could not have passed orders on an application really filed under Sec.24 of the Hindu Marriage Act awarding maintenance which could have effect for a period beyond the disposal of the main O.P. which ended in favour of the petitioner. It is contended that to the extent the maintenance has been ordered for the period covering even period subsequent to the disposal of the main O.P. on a permanent basis the court below lacks jurisdiction when there is no application at all therefor and no trial or disposal of such an application.

3. Learned counsel for the petitioner reiterated the said ground of challenge at the time of hearing of the revision by inviting my attention to the provisions contained in Sec.25(l) of the Hindu Marriage Act which reads hereunder:

"25(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto., an application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondents."

The said provision which provides for the grant of permanent alimony and maintenance provides that any c