P S DEVARAJAN Vs. R GEETHA

JUDGEMENT

(1.) Judgment-debtor, who is the husband in H.M.O.P. No. 53 of 1986 on the file of the Subordinate Judge's Court at Poonamallee, is the revision petitioner.

(2.) Petitioner moved an application for restitution of conjugal rights under S. 9 of the Hindu Marriage Act. In that application, respondent herein filed I.A. No. 210 of 1986, seeking interim maintenance and litigation expenses. On 30-9-1989, Court directed the petitioner to pay Rs. 500/- per month as interim maintenance and litigation expenses of Rs. 1,000/-. Petitioner was directed to pay interim maintenance from 26-6-1986. Though the matter was challenged in C.R.P. No. 3037 of 1989, the same was dismissed by this Court on 30-3-1992. Thereafter, the matter was taken before the trial Court and since it was represented that the order has not been complied with, on 4-12-1992, it stayed all the further proceedings in the case. The order reads thus :(Vernacular matter omitted ...Ed.)

(3.) Respondent filed E.P. No. 44 of 1999, seeking execution of order. She claimed that a sum of Rs. 75,700/- is due to her till 23-5-1999 i.e. the date of E.P. She wanted to realise the amount by arrest and detention of the judgment-debtor. Petitioner filed serious objections to the E.P. and by order dated 19-11-1999, it was found that the petitioner is liable to be arrested.