BINAYAK CHANDRA Vs. KAMALA

JUDGEMENT

(1.) This Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for non-compliance of the direction to the husband to pay maintenance pendente lite and litigation expenses to the wife within the time stipulated.

(2.) On 16-7-1983, the learned Subordinate Judge passed an order directing the husband for payment of monthly maintenance at the rate of Rs. 150/- and expenses of the proceeding of Rs. 300/- to the opposite party who is his wife. No time was stipulated in the order for the payment of the amounts. Shortly thereafter, on 10-8-1983, an application was filed on behalf of the wife that the suit should be dismissed for non-compliance of the order. Opportunity was given to the husband to file objection to such a petition. On 27-10-1983, the husband filed the objection stating therein that he has no capacity to pay the amount ordered. The application with the objection was considered on 8-3-1984 and order was passed directing payment of the entire arrears by 9-4-1984. The order dt. 8-3-1984 reads as follows :-

(3.) Mr. U.C. Panda, the learned counsel for the petitioner submitted that the order of dismissal of the suit amounts to exercise of jurisdiction with material irregularity on the following grounds :-