SHANTI DEVI Vs. SHAM LAL

JUDGEMENT

(1.) Shanti Devi, appellant filed a petition under Sec. 13-A of the Hindu Marriage Act against her husband, the respondent, for dissolution of marriage by a decree of divorce. The petition was dismissed by learned Additional District Judge on Dec. 8, 1989. The appellant has filed the present appeal against the judgment and decree aforesaid.

(2.) Appellant filed an application under Sec. 24 of the Act for grant of maintenance pendente lite and litigation expenses. By order dated July 26, 1990, Rs. 1,500.00 on account of litigation expenses and Rs. 300.00 per month as maintenance pendente lite were granted by K.P. Bhandari, J., which later on was confirmed by order dated Nov. 5, 1990. By the said order, the respondent was directed to make payment within two weeks from the said date.

(3.) Appellant has filed an application under Sec. 151 of the Code of Civil Procedure being C.M. No. 5421/CII of 1993 for directing the respondent to pay the arrears of maintenance awarded to her in pursuant to the orders of this court. It was pleaded in the application that the respondent had not paid a single penny to her despite the orders of the Court, for the last more than two years, whereby he was required to pay a sum of Rs. 300.00 per month. Notice of this application was issued to the counsel for the respondent for 9.8.1993. On Aug. 11, 1993 learned counsel for the respondent sought two weeks time to file reply to the application and the matter was adjourned to Sept. 1, 1993. Today, respondent appeared in person and made a statement on oath that he was not prepared to pay to the wife (appellant) any maintenance's litigation expenses pendente lite as fixed by this Court. Faced with this situation, learned counsel for the appellant prayed that defence of the husband respondent be struck down and the appeal of the appellant be accepted.