SUSHEELA Vs. R JAGANNADHAM
LAWS(APH)-1963-7-2
HIGH COURT OF ANDHRA PRADESH
Decided on July 22,1963

SUSHEELA Appellant
VERSUS
R.JAGANNADHAM Respondents

JUDGEMENT

Chandra Reddy, C.J. - (1.) This appeal is filed against the order of the Chief Judge, City Civil Court, dismissing a petition under Sec-tion 25 of the Hindu Marriage Act for granting a permanent alimony of Rs. 100/- per mensem.
(2.) In O. P. No. 73 of 1959, the appellant sought dissolution of her marriage on the ground of impotency of the husband. She also prayed for permanent alimony at a particular rate. While granting a decree for dissolution of marriage, the Chief Judge, City Civil Court, disallowed the claim for permanent alimony, as no evidence was led by the wife regarding the circumstances which would justify the grant of permanent alimony. These orders have become final, as neither party has questioned that part of the judgment which went against him or her. Sometime later, the application giving rise to this appeal was filed.
(3.) The trial Judge dismissed the petition for the grant of permanent alimony and observed: "It is purely within the discretion of the Court to grant alimony or not having regard to the circumstances of each case, So far as this case is concerned, the petitioner has not adduced any evidence in this regard, though a specific issite was framed in O. P. No. 73 of 1959 itself. I do not think, It would be in the interests of justice to grant permanent alimony to the petitioner." It is this order that is under appeal now.;


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