I. RAJU Vs. DEVAKI

JUDGEMENT

(1.) Petitioner is the husband of the respondent. He filed O.P. 212 of 1970 for divorce on the ground that the respondent had committed adultery. They were married on 12-10-1970 and three children aged 3, 7 and 8 years in 1979 was born to them. On 3-11-1978, he found her in the company of one Vijayakumar, and on being taken to task, she left the house. Later on, she took away the children without his knowledge. He had filed a complaint under Sec. 497, I.P.C. against Vijayakumar and the matter is pending disposal.

(2.) The wife refuted each one of the imputations made against her and claimed, that, till 6-2-1979, she had lived with petitioner, and that she was driven out of the house on that day along with the other two children, and she had to stay in a friend's house and sent a telegram to her father and ultimately left for Cuddalore on 8-2-1979. During the pendency of the O.P. she filed I.A. 4789 of 1983 under Sec. 151, C.P.C. to stay all further proceedings in the main O.P. till the arrears of maintenance and litigation expenses are paid. In I.A. 18868 and 18869 of 1980 on 3-4-1981, an order was passed fixing her monthly maintenance at Rs. 100 and the legal expenses at Rs. 500. Aggrieved against the said order, C.R.P. 4261 of 1981 was filed, and it was dismissed on 20-4-1983. To this date, no amount had been paid by the husband. Hence she filed the present revision petition to stay the further bearing of the O.P.

(3.) This was opposed by the husband by claiming that he had obtained an order m I.A. 6114 of 1979 for interim custody of the two minor sons, and it was ordered on 20-6-1979, and since she had not complied with the directions of court, for this contumacious conduct on her part she would not be entitled to the invocation of Sec. 151, C P.C. and seek for stay of trial of O.P. It is also claimed that in the criminal proceedings instituted, a finding having been given that she was leading an adulterous life and her petition in M.C. 1264 of 1979 for maintenance having been rejected, she is not entitled to maintain the present petition.