MADHUBEN MAHENDRA GOSWAMI Vs. MAHENDRA AMRUTGAR GOSWAMI

JUDGEMENT

(1.) This revision petition is filed by the original respondent- wife against the opponent-husband against the order passed by the learned District Judge Rajkot in Civil Appeal No. 61 of 1973 below application Ex. 19 dismissing the at)plication filed by the petitioner-wife stating that the interim alimony awarded comes to Rs. 650.00 for the period between 1 and 31-8-1974 and Rs. 150.00 for the appeal costs. The total amount thus awarded under sec. 24 of the Hindu Marriage Act 1955 comes to Rs. 800.00. Opponent-husband who was appellant in the District Court in Civil Appeal No. 61 of 1973 has not paid anything. So he may be directed to pay that amount and till that amount is not paid the hearing of his appeal should be stayed.

(2.) The learned District Judge has dismissed this application on the ground that it will not be in the interest of the petitioners-wife to stay the hearing of the appeal filed by the husband against the decree of restitution of conjugal rights passed in favour of the petitioner-wife by the trial Court. The learned District Judge has distinguished the cases cited by the petitioner- wife before him on the ground that in those cases person who had come to the Court was the husband and staying of the proceedings was therefore against his interest and consequently by staying of the proceedings he could be compelled to pay such amounts regarding interim alimony and deposit the costs required by the opposite spouse for defending the proceed- ings.

(3.) Mr. Suresh M. Shah appearing for the petitioner has urged that the learned District Judge has committed an error in not staying the hearing of the appeal till the opponent-husband pays the aforesaid amounts. In support of his submission he has invited my attention to several decisions.