KARNI SINGH Vs. SANTO

JUDGEMENT

(1.) THE appellant husband filed a petition under Section 13 of the Hindu Marriage Act (for short, the Act) against his wife for dissolution of marriage by a decree of divorce. The petition was dismissed by the Matrimonial Court on December 3, 1990. Aggrieved against the decree of the Matrimonial Court, the husband came up in appeal in this Court and the same was registered as P. A. O. No. 23-M of 1991. The wife moved an application under Section 24 of the Act for fixation of maintenance pendente-lite. This application was registered as Civil Miscellaneous No. 3971 C-II of 1992. This application was disposed of by the Bench of MR. Agnihotri and B. S. Nehra, JJ. , on October 28, 1991 and the following order was passed :

(2.) CIVIL Miscellaneous No. 3971-CII of 1992 has been moved by the respondent for dismissing the appeal on the ground that the order, dated October 28, 1991, referred to above, has not been complied with. Even at the time of hearing the Civil Miscellaneous, the learned Counsel for the appellant was not in a position to commit if the order of payment of maintenance pendente lite could be complied with. In these circumstances, I strike down the ground of attack made in the petition under Section 3 of the Act. The resultant effect would be that the appeal has to be dismissed. I order accordingly.