O P MEHTA Vs. SAROJ MEHTA

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of the learned Single Judge by which he has dismissed the appeal and confirmed the order of the District Judge dismissing the application for divorce brought by the appellant-husband.

(2.) The marriage took place on 18th February, 1964 and it resulted in two children, one daughter born in May, 1966. The other is the son born in September 1967.

(3.) The appellant-husband brought an application for restitution of conjugal rights. The application for restitution of conjugal rights was granted in favour of the appellant-husband ex-parte on 30th May 1975. Within a few months, to be precise on 30th October, 1975. the husband filed an application for divorce on the ground of adultery. His allegation being that the wife was leading an adulterous life. That petition has not proceeded further. The reason given by counsel for the respondent is that because the pavments which had been directed to be made under Section 24 of the Hindu Marriage Act (hereinafter referred to as the Act) were not complied with. the case has been adjourned sine die. Though Mr. Adhlakha disputes that full payments were not made he did not dispute that such an application on ground of divorce was filed and has been adjourned sine die. We have been shown a certified copy of the order passed in the divorce netition (No. 331/1980) which was filed by the appellant-husband. It appears from that an order for maintenance has been passed against the husband which he did not comply. The result is that the Additional District Judge by his order of 18th December. 1982 instead of dismissing the petition, in the interest of justice has stayed it sine die with a direction that the husband can pet it revived after paying maintenance upto date and has consigned the file to record room.