GUNVANTRAY MAGANLAL MEHTA Vs. BAI PRABHA KESHAVJI
HIGH COURT OF GUJARAT
GUNVANTRAY MAGANLAL MEHTA
BAI PRABHA KESHAVJI KASTURBEN RAJPAL
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(1.) This is an application by a husband. On a petition presented by his wife the marriage was annulled on the ground that the wife was impotent at the time of the marriage and subsequent thereto. Subsequently she gave an application for permanent alimony but the learned Civil Judge Senior Division Morvi dismissed that application. In appeal the learned Assistant Judge at Morvi allowed her appeal and ordered the payment of alimony at Rs. 50/per month during her life time. It is against this order that the present revision application has been filed.
(2.) Under the Hindu Marriage Act No. 25 of 1955 there can be proceedings for restitution of conjugal rights or for judicial separation or for the dissolution of marriage by decree of divorce on any of the grounds mentioned in sec. 13 or for annulling a marriage by a decree of nullity on any of the grounds mentioned in section 12.
(3.) Sec. 24 of the Act provides for maintenance pendente lite. Sec. 25 provides for permanent alimony and maintenance and reads as follows :-
"Any Court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto on application made to it for the purpose by either the wife or the husband as the case may be order that the respondent shall while the applicant remains unmarried pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for the term not exceeding the life of the applicant as having regard to the respondents own income and other property if any the income and other property of the applicant and the conduct of the parties it may seen to the court to be just and any such payment may be secured if necessary by a charge on the immovable property of the respondent". It is important to note the words at the time of passing any decree or at any time subsequent thereto used in the above section. It is also important to note the words on application made to it for the purpose by either the wife or the husband as the case may be. It is also important to note the words order that the respondent shall while the applicant remains unmarried pay to the applicant.;
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