A V SUBBA RAO Vs. A V SHYAMALA

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order of the learned Subordinate judge, Pithapuram dated 20-2-1989 in O. P. No. 37 of 1988 striking out the defence and proceeding with the case.

(2.) The simple facts are : The wife filed a petition O.P. No. 37 of 1988 for restitution of conjugal rights. Pending the main petition, she filed LA. No. 298 of 1988 for interim maintenance on the ground that she was poor and unable to maintain herself. After hearing both sides, the petition was allowed on 15-12-1988. The said order has become final as no appeal has been filed. Thereafter, the main case was posted for enquiry.

(3.) On 17-2-1989 when the case was posted for trial, the husband was absent and he was set ex parte. Till then not a pie was paid towards maintenance. The learned trial judge struck out the defence of the respondent and posted the case for evidence of the wife. It is the validity of this order that is challenged in this Civil Revision Petition.