(1.) THIS appeal has been filed on behalf of Surjit Kaur wife against the decree of divorce dated 28.3.1987
(2.) VIDE this Court's order dated 14.9.1987 , a sum of Rs. 100/ - per month was allowed as maintenance pendente lite with effect from 15.11.1983. This was the amount fixed under Section 125, Criminal Procedure Code. In addition thereto a sum of Rs. 1000/ - was allowed as litigation expenses. For payment and arguments the case was adjourned to 16.10.1987. On that date, counsel for the Respondent wanted further time to make payment. He was allowed last opportunity failing which his defence was liable to be struck off. The case was adjourned for 17.11.1987 for payment and arguments,
(3.) IN these circumstances I have on other option but to strike off the defence of the husband In that situation, the appeal is accepted. The decree of divorce is set aside and the petition for divorce is dismissed with no order as to costs.