1. The material facts are that the husband applied for restitution of conjugal rights or in the alternative, for judicial separation on 26.7.1962. A decree for judicial separation was passed on 25.9.1963. At the time when the decree for judicial separation was passed the wife was in service as a nurse. It appears from the judgment in the suit for judicial separation that the wife had applied for permanent alimony under section 37, but the application was refused on the ground that the wife was then earning and, therefore, she was not in need of any maintenance. It was also said in the judgment that the wife could apply later, if necessary, for maintenance. The wife retired from service on 18.5.1972. She applied for permanent alimony on 26.9.1972. The application was allowed and an order for maintenance was passed at the rate of Rs. 60/- per month. It is against this order that the present appeal has been filed.

2. Learned counsel for the appellant first contends that under section 37 of the Divorce Act no maintenance can be allowed when a decree for judicial separation has been passed at the instance of the husband. Learned counsel draws our attention to the words any de