SALOCHANA RANI Vs. TARSEM

JUDGEMENT

(1.) It is the conceded position that the respondent husband has failed to comply with the order of this Court dated 19th July, 1982 granting Rs. 400/- as litigation expenses and Rs. 70/- p.m. as maintenance pendente lite to the appellant-wife. In view of the law laid down by this Court in Gurdev Kaur vs. Dalip Singh,1980 HinduLR 240and Smt. Surinder Kaur alias Shindi vs. Baldev Singh,1980 HinduLR 514 the defence of the respondent in this case has to be struck off and the appeal has to be allowed. It, therefore, set aside the decree under appeal and send the case back to the lower Court for decision afrersh on merits. The respondent would pay the costs of this litigation which determine at Rs. 300/-.