M. Jeyapaul, J. - (1.) The following order was passed by the trial Court in the petition filed by the appellant seeking dissolution of marriage under Section 13 of the Hindu Marriage Act:- "20. Keeping in view my findings on the aforesaid issues, the petition of the petitioner partly succeeded and is partly accepted to the extent that a decree for divorce is hereby granted in favour of the petitioner and against the respondent subject to the condition that the concerned Army authorities would deduct 40% of the salary of the petitioner as a maintenance to the respondent and her son and would send the same to them directly and regularly as ordered above. Accordingly, the marriage in question is hereby dissolved by way of decree of divorce. The parties are left to bear their own costs. Decree sheet be drawn accordingly. File be consigned to the record room."
(2.) The appellant in fact filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage. The trial Court granted the relief of dissolution of marriage as sought for by the appellant, however, subject to the condition that the concerned Army Authorities deduct 40% of the salary of the appellant towards maintenance payable to the respondent and her son. The above conditional order is put to challenge by the appellant despite the fact that he was granted decree of divorce.
(3.) We heard the submissions made on either side.;