SHRIT TEHAL SINGH Vs. MALKIAT KAUR

JUDGEMENT

(1.) THE husband was to pay the arrears of maintenance for the wife and the child pursuant to the orders of the criminal Court under section 125 Cr.P.C. and after paying the arrears under that order, the application for the grant of enhanced maintenance pendente lite had to be considered. Since the arrears have not been paid, and the order dt. 2.6.1987 has not been complied with, the appeal of the husband is dismissed for non -prosecution with costs, which are assessed at Rs. 1,000/ - because the wife was entitled to litigation expenses besides the maintenance pendente lite.

(2.) THE , wife may take appropriate steps such as execution, for recovery of the arrears and or contempt. Appeal dismissed.