061-NLR-NLR-V-24-RANASINGHE-v.-PERERA.pdf
( 201 )
Present : Ennis and Schneider JJ.
1922.
RANASINGHE r. PERERA.
54 ■ -D. C. Colombo, 52,355*
Alimony—Application by wife for enhancement—Civil Procedure Code,
There is no provision tor the enhancement of alimony on theapplication of a wife.
HE respondent in this action sued the appellant lor divorce
on the ground of adultery and malicious desertion, and
claimed Rs. 40 a month as alimony. The ^appellant filed answeralleging that the respondent herself was guilty of adultery withcertain specific persons and of malicious desertion, and prayed thattheir marriage be dissolved, and denied that respondent was entitledto any alimony. On May 2, 1919, at the trial the action wassettled by the parties, and of consent, they agreed that an ordershould be made for separation a mensd et thoro7 that the appellantshould pay Rs. 17.50 a month as permanent alimony and thateach party should bear his own costs, and decree was accordingly
In November, 1921, the respondent applied that the alimonypayable by appellant should be iucreased, and by his order datedMay 22, 1922, the learned District Judge ordered that the appellantshould, from the month of June, 1922, pay Rs. 22.50 as alimony,aUd bear the costs of the inquiry into'the application.
Keuneman (with him Weerasuriya), for appellant.
September 6, 1922^ Ennis J.—
.This is an appeal from an order enhancing alimony. It appearsthat the defendant was ordered to pay alimony at> the rate ofRs. 17.50 a month on a decree of separation. The decree was passedunder section 615 of the Code of Civil Procedure. Such a decreecan be altered only where there is an express provision for suchalteration. Section 615 makes provision for an alteration in theamount of alimony on the husband's application, but makes noprovision for an enhancement of alimony on the application of thewife. I accordingly allow the appeal, without costs.
Schneider J.—I agree.8. 615.
entered.Appeal allowed.