1939 Present: Keuneman and Nihill . T. T.

EBERT v. EBERT.

121-D. C. (Inty.) Colombo, 204.

Alimony-Decree for dissolution of marriage-Obtained by husband-Civil Procedure Code, s. 615.

A Court has no power, in a decree absolute for the dissolution of marriage entered at the suit of the husband, to award permanent alimony to the wife.

THE plaintiff-respondent instituted an action for divorce against her husband on the ground of malicious desertion, and claimed alimony of Rs. 200 per month; the defendant denied the allegations, and in reconvention claimed a decree for divorce, on the ground of malicious desertion by the plaintiff. The learned District Judge dismissed the plaintiff's action, and granted to the defendant, the decree for divorce, on his claim in reconvention. Decree nisi was entered with no provision for alimony to the plaintiff. The plaintiff already had in her favour an order for the payment of Rs. 55 per month, for maintenance, passed against the defendant in case No. 15,791 of the Additional Police Court of Colombo. The plaintiff, once decree absolute was entered, applied to the learned District Judge to give effect to the