allowed a sum of Rs. 50/- per mensem as alimony to her till remarriage and maintenance of chastity, making the amount of alimony a charge ... made, having regard to Section 25 of the Act, an application for alimony is not competent, because by reasons of such a decree the status
relief and he was saddled with the liability to pay alimony at the rate of Rs. 500/- per month as from December ... contention that the trial Court should not have granted the relief of alimony to the wife. The argument is that this could be done only
Section 42 of the Act. But he made an order raising the alimony to be paid to the wife to Rs. 310 a month, including ... children.
2. Mr. Muthukrishna Aiyar for the husband contends first, that, the alimony for the wife having been originally fixed under Section
territorial jurisdiction to entertain the petition and unless this was decided interim alimony could not be granted. The objection was repelled by the trial court ... before the court below to the effect that her application for interim alimony filed on 10th August, 1971 be granted and the alimony and litigation
passed in I.A. No. 19 of 1986 for payment of interim alimony and litigation expenses to the respondent. On 1-7-1985, the respondent ... praying that the petitioner should be directed to pay interim alimony of Rs. 300/- p.m. and Rs. 500/- towards litigation expenses. That application
marriage and subsequent thereto. Subsequently, the gave an application for permanent alimony, but the learned Civil Judge, Senior Division, Morvi, dismissed that application. In appeal ... 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
passing a decree for
divorce and also granting a decree for permanent alimony to the tune of
Rs.3,00,000/- payable by the husband ... giving rise to a Miscellaneous Case
thereby praying for alimony pendente lite at the rate of Rs.8,000/- a month on
which the Court
JUDGMENT
Ameer Ali, J.
1. The respondent in this case applies for alimony pendente lite for the time previous to the decree nisi. She states ... objected that I had no jurisdiction to make the order relating to alimony prior to the decree nisi, on the ground that the action
Court below while granting decree of divorce has not given any alimony to the appellant and her minor girl child, which is mandatory under Section ... about 6 years of age from her husband-respondent, but no permanent alimony has been granted by the Court below. The appellant is entitled
other needs of
the minor children and to the appellant towards permanent alimony.
9. The appellant wife has challenged the adverse findings on the
grounds ... trial Court is in accordance with law, the
amount of permanent alimony, as awarded is inadequate, which may be
reasonably enhanced looking to earning
