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S. N. DWIVEDI, O. H. MOOTHAM
MST. KALAWATI – Appellant
Versus
B. RATAN CHAND – Respondent
( 1 ) SHRIMATI Kalawati instituted a suit against her husband, Ratanchand, for past and future maintenance on the allegation that he has married again. He admitted his second marriage with shrimati Chameli in 1935 but disclaimed his liability. The trial Court decreed the claim only for future maintenance at Rs. 25 per mensem in view of the Hindu Married Womens Right to separate Residence and Maintenance Act, 1946. Ratanchand also lost in the lower appellate Court, and he then filed a second appeal in this court. His principal submission that the plaintiff could not get the benefit of the said Act because he had remarried before its commencement found favour with the learned Single Judge, who dismissed the plaintiffs suit.
( 2 ) AGGRIEVED by the judgment of the learned Judge the plaintiff preferred the present appeal on the ground that the learned Judges view was erroneous. Learned counsel for the plaintiff has however asked us to permit him to abandon that ground of attack, and raise a new point not taken in the memorandum of the appeal. He submits that the plaintiff is now entitled to maintenance under Section 18 of the Hindu Adoptions and Maintenance Act (Act LX
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