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D. S. MATHUR
Dayawanti – Appellant
Versus
Bhagwan Dass – Respondent
JUDGMENT
D.S. Mathur, J. - This is a revision under Sec. 115, C.P.C. by Smt. Dayawanti, wife of Bhagwan Dass, opposite party, against the order of the Additional District Judge of Agra allowing the appeal of Bhagwan Dass and thereby reducing the maintenance granted to her under Sec. 25 of the Hindu Marriage Act from Rs. 70/- per month to Rs. 30/- per month.
2. Considering that the revisional jurisdiction of the High Court is limited by the provisions of Sec. 115, C. P. C., it cannot enter into facts, but can exercise jurisdiction only if the lower appellate court did not have the jurisdiction to entertain the appeal: to put it differently, if the order passed on a separate application under Sec. 25 of the Hindu Marriage Act is not appealable.
3. Sec. 28 of the Hindu Marriage Act makes a provision for the enforcement of and for appeals from decrees and orders. Whether an appeal lies against an order passed under Sec. 24 of the Hindu Marriage Act has been referred to a larger Bench in view of there being a conflict in the decisions of the various High Courts. But it is unnecessary to await the decision of the reference in case the order under Sec. 25 amounts to a decree, which is clea
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