LATABEN YOGENDRAKUMAR GOSWAMI Vs. YOGENDRAKUMAR SHANKARGIR GOSWAMI

JUDGEMENT

(1.) This revision petition is directed by the petitioner against the order dated 16-2-1994 passed by the learned Assistant Judge, Bharuch, in Execution Petition No. 53 of 1993 whereunder the execution application filed by the petitioner has been held to be not maintainable.

(2.) To appreciate the controversy which has arisen in the present revision application, few facts are to be stated. The respondent-husband, Yogendrakumar Shankargiri Goswami, filed a petition being H.M.P. No. 43 of 1986 against the petitioner wife, Lataben, for a decree of restoration of conjugal rights. On receipt of the notice of the aforesaid petition, the petitioner-wife put appearance in those proceedings. On 1-4-1988 the petitioner-wife filed an application under Sec. 14 of the Hindu Marriage Act in those proceedings for grant of interim alimony and expenses of litigation. That application was allowed by the learned trial Court and the husband-respondent was ordered to pay Rs. 200 per month as an interim alimony to the petitioner-wife from 1-4-1988 and a sum of Rs. 300 towards the cost of the litigations. The aforesaid order of allowing the application for interim alimony and the cost of litigation has been challenged by the respondent-husband before this Court by filing the Civil Revision Application No. 758 of 1988 but the said application was rejected by this Court. 2A. The learned trial Court has given sufficient time to the respondent-husband for making the payment of the amount of interim alimony and the litigation expenses but he had not paid single paise to the petitioner-wife. On the other hand, both the Counsel for the respondent as well as the respondent started remaining absent on the subsequent dates of the proceedings in the main petition and ultimately the said main petition has been dismissed for non-prosecution on 5th August, 1993.

(3.) The petitioner-wife filed Execution Application No. 53 of 1993 in the Court of the learned District Judge, Bharuch, for the recovery of the amount of alimony of the rate of Rs. 200 per month for the period from 1-4-1988 to 5-8-1993 and Rs. 300 as the cost of litigation totalling to Rs. 13,300.00. This application appears to have been transferred to the Court of the Second Extra Assistant Judge, Bharuch, for disposal. The notice of the said Execution Application was duly served upon the respondent-husband on 20th October 1993 but he did not choose to appear before the Court either personally or through his Advocate. The Executing Court vide its impugned order held this application to be not maintainable hence this revision application.