J.D. Bennett Vs. A.C.N. Bennett

J.D. Bennett vs A.C.N. Bennett

Type Court Judgment Court Kolkata Decided Mar 30, 1885

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Citation: sooperkanoon.com/867889
Court: Kolkata
Judge: Norris, J.
Decided On: Mar 30, 1885
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

Alimony pendente lite - Permanent Alimony--Practice--Divorce Act--Act IV of 1869, Sections 36 and 37. -

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

J.D. Bennett

Respondent

A.C.N. Bennett

Legal References

Reported In: (1885)ILR11Cal354

Excerpt

alimony pendente lite - permanent alimony--practice--divorce act--act iv of 1869, sections 36 and 37. - norris, j.1. i have no power to make an order for alimony pendente lite. the suit between the petitioner and the respondent came to an end when the decree nisi was made, and i have, therefore, no power to order alimony pendente lite. the respondent will be entitled to apply, when the decree is to be made absolute, for permanent alimony. mr. hill, on behalf of the petitioner, says that the petitioner is willing to make the respondent an allowance until an application can be made for permanent alimony. the payment of that allowance, mr. hill says, will be dependent on respondent leading a chaste life. at present i can make no order; with reference to mr. hill's statement that the petitioner is willing to make an allowance to the respondent, i think that rs. 60 a month would be a fair and reasonable sum to be paid to her till such time as she can make an application for permanent alimony.

Full Judgment

Norris, J.

1. I have no power to make an order for alimony pendente lite. The suit between the petitioner and the respondent came to an end when the decree nisi was made, and I have, therefore, no power to order alimony pendente lite. The respondent will be entitled to apply, when the decree is to be made absolute, for permanent alimony. Mr. Hill, on behalf of the petitioner, says that the petitioner is willing to make the respondent an allowance until an application can be made for permanent alimony. The payment of that allowance, Mr. Hill says, will be dependent on respondent leading a chaste life. At present I can make no order; with reference to Mr. Hill's statement that the petitioner is willing to make an allowance to the respondent, I think that Rs. 60 a month would be a fair and reasonable sum to be paid to her till such time as she can make an application for permanent alimony.

Same Parties J.D. Bennett vs A.C.N. Bennett Same Subject Family Same Judge Norris, J.

Family