sec. 25 of which act ? HMA ?
25 Permanent alimony and maintenance
(1) any court exercising jurisdiction under this Act may at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respodent shall [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant [the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party a at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had
s*xual intercourse with any woman outside wedlock, [it may at the instance of the other party very modify or resind any such any order in such manner as the court may the just.]
Were matrimonial relief is refused the order of refusal amounts to a decree for all purposes including for appeal as under s.20 of the Act.-M.K.Jain. v.L.M.Jain AIR 1991 Bom 440.
Sec. 11 of the Code of Civil Procedure or the principles of res judicata or the doctrine of estoppel is of no avail against the wife so as to defeat her claim for the higher ratio of maintenance allowance.- R.S.Rastogi.v.Vinay Rastogi AIR 1991 All. 255.