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Report No. 136

4.11.3. The Andhra Pradesh High Court, in its recent judgment, has held that the power to grant maintenance under section 25 of the Act can be exercised even where the suit or petition is dismissed.-

The view is expressed that the section does not suffer from any such limitation as is assumed by the other High Courts, whose decisions are referred to hereinbefore. A "decree", in its opinion, means an expression of adjudication. Regardless of whether the suit or petition is allowed or dismissed the order of the Court constitutes a decree and the expression "at the time of passing any decree" in section 25 only means "at the time of disposal of the case". And, according to the Andhra Pradesh view, the power to grant maintenance is ancillary to the main power of the disposal of the petition.1

1. S. Jagannadha Prasad v. Smt. S. Lalitha Kumari, AIR 1989 AP 8.

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