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1981 Supreme(Del) 12

M.L.JAIN
YOGESHWAR PRASAD – Appellant
Versus
JYOTI RANI PRASAD – Respondent


Advocates Appeared:
C.P.WIG, HARSH ARORA, R.L.TANDON, S.C.SINGHA

M. L. JAIN

( 1 ) THE marriage between the parties which took place on March 4, 1960, was dissolved on March II, 1977, on accusations of cruelty and desertion levelled by the wife Mrs. Jyoti Rani. She then made an application on May 25, 1977 under Section 25 of the Hindu Marriage Act, 1955 (herein the Act), for permanent alimony. She also made an application under Section 24 of the Act on April 20, 1978, tor maintenance pending the determination of the application under Section 25 and expenses of the prosecution of that application. The petitioner husband raised preliminary objections. He contended that under Section 24. it is the husband and wife who are entitled to such maintenance but after the dissolution of the marriage that relationship had come to an end and therefore that section is not applicable. It was next contended that the words "proceedings under this Act" occurring in Section 24 refer only to the proceedings for restitution of conjugal rights, judicial separation, divorce or nullity and the petition under Section 25 did not fall in any of these categories. The learned Additional District Judge by his order dated May 24 1979, rejected these perliminary objections of th






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