SEEMA Vs. SURINDER PAL

JUDGEMENT

(1.) The instant appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 (for brevity, 'the Act') assailing the judgment and decree, dated 20.4.2002, passed by the learned Additional District Judge, Kapurthala, granting the prayer of the husband-respondent for divorce under Section 13(1)(i) of the Act sustaining the allegation that the wife-appellant has been living in adultery. The view of the learned Additional District Judge emerges from perusal of para 41 and 42 of the judgment, which reads as under:

(2.) During the pendency of the appeal, the wife-appellant filed an application under Section 24 of the Act, being Civil Misc. No. 10529-CII of 2002. The application after contest was allowed, vide order dated 16.3.2004, holding the wife-appellant entitled to Rs. 1,500/- per month as maintenance pendente lite from the date of application and Rs. 5,500/- as litigation expenses. The arrears were required to be cleared within two months from the date of the order i.e. 16.3.2004. The maintenance pendente lite was required to be paid to the wife-appellant on the 7th of each month. However, the aforementioned order was not complied with and an application was filed being Civil Misc. No. 14272-CII of 2004 with a prayer that the defence of the husband-respondent for non-payment of the maintenance pendente lite as per the directions issued by this Court in its order dated 16.3.2004 be struck off. Notice of the application was issued and several opportunities were granted to the husband respondent.

(3.) On 23.5.2006, time was sought by the husband respondent through his counsel Mr. Sudhir Paruthi and direction was issued to make payment of arrears of maintenance pendente lite and litigation expenses on the next date of hearing i.e. 18.7.2006. The arrears of pendente lite and litigation expenses were not paid by 18.7.2006. Eventually the matter came up for consideration on 9.8.2006 when the defence of the husband-respondent was struck off and the matter was ordered to be listed for hearing on 23.8.2006. The order dated 9.8.2006, reads as under: