Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 14 May 2013
Passing of the decree in S. 25 meant the passing of a decree of Divorce, Nulity, Restitution of Conjugal Rights or Judicaial Separation and not the passing of a decree dismissing the petiton.If the petition fails then no decree is passed, i.e, the decree is denied to the applicant and therefore alimony cannot be granted in a case where a decree is refused because in such a case the marriage subsists.
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 14 May 2013
The existence of any of decrees referred to in Ss.9 to 13 of the hindu Marriage Act,1955 is a condition precedent to the exercise of jurisdiction under S 25(1) of the Hindu Marriage Act,1955 and the granting of ancillary relief for permanent alimony and maintenance, when the main petiton was dismissed was not permissible.
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 14 May 2013
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