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Kadia Harilal Purshottam vs Kadia Lilavati Gokaldas on 1 February, 1961

Similarly, in Kadia Harilal Purshottam v, Kadia Lilavati Gokaldas. AIR 1961 Guj 202. it was held that the expression 'while the applicant remains unmarried' was not intended to limit the scope of Section 25 and that the intention of the legislature was that order for permanent alimony could be passed on or after the passing of any of the reliefs referred to in the earlier sections of the Act. These words were held not to restrict the application of Section 25 to only those cases where a party was in a position to contract a second marriage or where the marriage bond stood dissolved or severed. This condition was supposed to govern the conduct of the parties in future and the maintenance order could be taken advantage of by the applicant only as long as he had remained immarried meaning thereby that in spite of his being in a position to do so. the applicant had not contracted another marriage.
Gujarat High Court Cites 20 - Cited by 30 - Full Document

Dr. Tarlochan Singh S/O Dr. Sunder Singh vs Smt. Mohinder Kaur D/O Ghanya Singh on 3 August, 1961

The application for maintenance had been filed in lower Court in February 1966 and the arrears from that date at the rate fixed may run into a few thousands. It may not be possible for a Government servant with a fixed monthly income to pay such heavy arrears. The appellant has been able to maintain herself somehow for the period of the last about 3 1/2 years and the maintenance allowance can, therefore, be made payable from the date of filing the appeal in this Court. The fact that the Court has discretion in the matter of fixing the date and that it is not incumbent on it to allow arrears of maintenance from the date of application was recognised in Dr Tarlochan Singh v. Mohinder Kaur, ILR (1963) 1 Punj 74 and Smt. Hamibai v. Smt. Kundibai, AIR 1940 Sind 222, though it was observed that the conduct of the parties shall have to be kept in mind.
Punjab-Haryana High Court Cites 9 - Cited by 12 - I D Dua - Full Document
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