RAM SWAROOP Vs. JANAK W/O RAM SWAROOP

JUDGEMENT

(1.) RAM Sarup appellant filed a petition under Section 10 of the Hindu Marriage Act, 1955. This petition was resisted by the respondent wife and was dismissed by the learned Senior Sub-Judge. , Amritsar vide his order dated 8-3-1966. It is against this decree that the appellant has filed this appeal.

(2.) THE respondent-wife claimed maintenance pendente lite and litigation expenses before this court and P. D. Sharma J. , (as he then was) vide his order dated 14-12-1966, ordered that Smt. Janak respondent be paid maintenance allowance at the rate of Rs. 40/-per mensem from the date of her application in addition to Rs. 200/-as litigation expenses. It was ordered that the maintenance allowance and the litigation expenses should be paid within two months from that date. This order of this Court has not been complied with.

(3.) THE case came up before me on 11-11-1971 when Mr. Aggarwal the learned counsel for the respondent, pointed out that the appellant had not paid the litigation expenses and the maintenance allowance as ordered by this court. After hearing the learned counsel for the parties, I ordered that the appellant should pay the arrears of maintenance and the litigation expenses upto date till 13-12-1971 to the respondent-wife and in case he failed to pay the said arrears, it will be open to the counsel for the respondent to contend that the appeal be dismissed. This order of mine in fact made the hearing of the appeal conditional on the payment of the arrears of maintenance and the litigation expenses.