MUKHTIYAR SINGH Vs. JASVIR KAUR

JUDGEMENT

(1.) Appellant-husband had obtained an ex-parte decree of divorce on 10.12.2014, which has been sought to be set aside under Order 9, Rule 13 of the Code of Civil Procedure by the respondent-wife. During the pendency of the said proceedings, the respondent-wife had filed an application under section 24 of the Hindu Marriage Act on 06.07.2017, which has been allowed vide impugned order dated 22.08.2017 on the ground that the appellant-husband is working as Driver and a sum of Rs. 5,000/- per month has been ordered to be paid as maintenance pendente lite during the pendency of the proceedings before the Family Court, S.B.S. Nagar and a sum of Rs. 5,000/- has been awarded as litigation expenses to the respondent-wife.

(2.) Aggrieved by the order dated 22.08.2017, the husband has preferred the present appeal.

(3.) Counsel for the appellant inter alia submits that as per the provisions of section 24 of the Hindu Marriage Act, no amount can be awarded to the respondent-wife as the relationship between the husband and wife ceased to exist with the ex parte decree awarded in favour of the appellant and that the application for condonation of delay is also pending before the Family Court.