R SURESH Vs. CHANDRA M A

JUDGEMENT

(1.) ON I. A. 11/2002 this is an application filed by the respondent-wife under Section 24 of the Hindu marriage Act, 1955.

(2.) THE appellant and respondent were married in the year 1980 as per Hindu customs and rites at Chennai. It is not in dispute that they are living separately. The husband had filed M. C. 684/93 praying for dissolution of the marriage on the grounds of cruelty and desertion on the part of the wife. The wife also had filed M. C. 701/92 under Section 9 of the Hindu Marriage Act seeking for resolution of conjugal rights. Both the petitions were tried together by the principal Judge, Family Court, Bangalore and while the petition filed by the husband for dissolution of marriage was dismissed. the petition filed by the wife seeking for restitution of conjugal rights was allowed as per the order dated 23rd March, 2001. It is as against this common judgment that the husband is in appeal.

(3.) THE wife had sought for interim maintenance and this Court, as per order dated 23-7-2002, allowed the request of the wife for interim maintenance and had ordered payment of a sum of Rs. 3,000/- per month and litigation expenses of Rs. 10,000/ -. The husband is a civil servant working as Principal Secretary to Government of Karnataka in the Horticulture and Agricultural Department. There are some disputes as to the payment of this interim maintenance. It is submitted by the learned Counsel for the appellant-husband that arrears of maintenance up to the end of March, 2003 has already been paid pursuant to the order of this Court dated 23-7-2002.