SANTOSH SEHGAL Vs. MURARI LAL SEHGAL

JUDGEMENT

(1.) The question that we need to answer in this appeal has been referred to us by brother Sodhi, J who on 04.08.2004 when the matter came for hearing before him passed the following order:-

(2.) We have seen the order dated 06.05.2004 of brother Lokur, J and we find no crystallized dissent in the said order that there is no prestlise descent against the judgment in Bani's case (Supra). Faced with this situation, we have two options before us, either to answer the reference ourselves or to remand the case back to the learned Single Judge for decision of the appeal in accordance with law. We prefer to follow the former as it would advance the cause of justice and would save the parties botheration of on going litigation.

(3.) The question referred before us is whether the appeal against the decree of divorce filed by the appellant-wife can be allowed straightway without hearing the respondent-husband in the event of his failing to pay interim maintenance and litigation expenses granted to the wife during the pendency of the appeal.