KANNAMMA Vs. Y SUBRAMANIAM

JUDGEMENT

(1.) RESPONDENT in H.M.O.P. No. 18 of 1991, on the file of Subordinate Judge's Court. Poonamallee, is the revision petitioner.

(2.) PETITIONER in the said H.M.O.P. (husband) filed the same for divorce on the ground that the wife deserted him without any reasonable cause. On her entering appearance, she filed an application under S. 24 of the Hindu Marriage Act for getting interim alimony and litigation expenses for herself and her children. The court awarded a sum of Rs. 600/- per month towards the maintenance of the wife and a sum of Rs. 300/- per month for each child towards their maintenance from the date of riling of the petition, i.e., 14.2.1991, and a sum of Rs. 1,000/- towards litigation expenses. That order was passed on 8.11.1995.

(3.) AFTER the matter was posted for trial before the court below, the wife filed a memo stating that the husband has not obeyed the order of Court, and without payment of the sums as directed by Court, trial of the H.M.O.P. should not be proceeded with. That memo was filed on 24.6.1996. The same was seriously opposed by the husband. By the impugned order, the Court below directed the respondent (husband) to pay interim maintenance to the children alone and directed the trial to proceed. It further found that there was a direction by this Court to dispose of the main O.P. within three months. Therefore, it did not find any ground to stay the proceedings. It is that part of the order that is challenged in this Revision.