S. C. MOHAPATRA, J.

( 1 ) THE defendant in a suit by the husband under the Indian Divorce Act, 1869 (for short 'the Act') is the petitioner against an order under S. 36 thereof relating to alimony pendente lite.

( 2 ) SECTION 36 reads as follows :-"36. Alimony pendente lite - In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending the suit. Such petition shall be served on the husband, and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just : provided that alimony pending the suit shall, in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be. "

( 3 ) THERE is no dispute that in such a proceeding the application is maintainable. Mr. Aziz, the learned counsel for the wife-petitioner, submitte