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Documents citing Jessie Grant Khambatta vs Mancherji C. Khambatta on 3 August, 1940

Tarif Rashidbhai Qureshi vs Asmabanu D/O Alimohmmad Idarbhai ... on 19 March, 2020

77. What is significant to note is that the relief of permanent alimony is a relief incidental to the granting of the substantive relief by the Court in the main proceeding. It is an incidental relief claimed in the main proceeding, though an application is necessary for claiming it. The application is an application, in the main proceeding for claiming an incidental relief consequent upon the granting of the substantive relief by the Court. This is abundantly clear not only on principle but there is also an authority in support of it. Dealing with a case under S. 37 of the Divorce Act which contains a provision for making of an order for permanent alimony, Sir John Beaumont observed in J. G. Khambatta v. M.C. Khambatta, AIR 1941 Bombay 17;
Gujarat High Court Cites 100 - Cited by 0 - J B Pardiwala - Full Document

Patel Dharamshi Premji vs Bai Sakar Kanji on 13 April, 1967

The last words of these observations point out what is peculiar feature introduced in the law of divorce by Section 25. In England, as pointed out above, the right to claim permanent alimony is conferred only on the wife but under Section 25 either spouse is entitled to claim permanent alimony from the other. But that apart, what is significant to note is that the relief of permanent alimony is a relief incidental to the granting of the substantive relief by the Court in the main proceeding. It is an incidental relief claimed in the main proceeding, though an application is necessary for claiming it. The application is an application, in the main proceeding for claiming an incidental relief consequent upon the granting of the substantive relief by the Court. This is abundantly clear on principle but there is also authority in support of it. Dealing with a case under S. 37 of the Divorce Act which contains a provision for making of an order for permanent alimony, Sir John Beaumont observed in J. G. Khambatta v. M.C. Khambatta, AIR 1941 Bombay 17;
Gujarat High Court Cites 10 - Cited by 20 - P N Bhagwati - Full Document
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