DIDAR SINGH Vs. SUNITA ALIAS BALWINDER KAUR

JUDGEMENT

(1.) Appellant herein filed a petition Under Sec. 13 of the Hindu Marriage Act for dissolution of marriage by way of divorce which was dismissed by learned Addl. District Judge, vide order dated 1.9.1994, Aggrieved by the said order of dismissal, the appellant husband has filed the present appeal. On an application, Under Sec. 24 of the Act moved by the respondent -wife, a Division Bench of this Court having regard to the income of the husband fixed maintenance pendente lite @ Rs. 600/ - per month from the date of the said application viz. 30.11.1994. Besides, the respondent -wife was also held entitled to a sum of Rs. 3,000/ - as litigation expenses. The respondent -wife has now moved this application (C.M. No. 7090/C -II of 1995) Under Sec. 151 of the Code of Civil Procedure seeking a direction of this Court to the appellant to comply with the order of the Division Bench or to dismiss the appeal, on the ground of non -payment of maintenance pendente lite, after striking off the defence of the appellant.

(2.) It may at the very outset be mentioned here that notice of this application was issued to the learned counsel for the appellant, Shri T.P.S. Tung, Advocate for 19.7.1995. On 19.7.1995, neither Mr. K.S. Dadwal nor Mr. T.P.S. Tung, Advocates for the respondent and appellant, respectively, put in appearance. On the next two three dates from which the matter had to be adjourned i.e. on 22.8.1995, 31.8.1995 and 4.9.1995 Mr. Tung, learned counsel for the appellant did not put in appearance and the matter was ultimately adjourned to 5.9.1995 when Mr. Tung appeared and sought time to file reply and to argue the matter. At his request the matter was adjourned for today. But surprisingly, neither any reply has been filed nor Mr. Tung has put in appearance and faced with these circumstances, I am left with no option but to dispose of the application on its own merits.

(3.) Learned counsel for the respondent has been heard.