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1969 Supreme(P&H) 67

R.S.NARULA, P.C.JAIN, MEHAR SINGH
Durga Das – Appellant
Versus
Tara Rani – Respondent


Judgment

1. The question that is for consideration of this Full Bench is " whether a party to a decree of divorce can apply for maintenance under sub-section (1) of S.25 of Act 25 of 1955 after such a decree has been granted ?"

2. On August 23, 1968, a learned Single Judge affirmed the decree of divorce against Tara Rani alias Tara Devi respondent, obtained by her husband. Durga Dass appellant, from the Court of the Senior Subordinate Judge of Ludhiana. At the same time and in the same order the learned Judge proceeded to accept an application by the respondent under Sec.25 (1) of the Hindu Marriage Act, 1955 (Act 25 of 1955), and allowed a sum of Rs.50/- per mensem as alimony to her till remarriage and maintenance of chastity, making the amount of alimony a charge on the movable and immovable property of the appellant. It is against the order made under Sec.25 (1) of the Act by the learned Judge that this appeal has been made by the appellant under Clause 10 of the Letters Patent.

3. On the side of the appellant, before the Division Bench, it was urged that in the case of a decree of nullity of marriage or decree of divorce, after such a decree has been made, having regard to Sec.2










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