USHA Vs. MOLHA RAM

JUDGEMENT

(1.) This application has been filed under Section 151 of the Code of Civil Procedure with a prayer that the defence of the respondent- husband be struck off. The prayer should have been for the dismissal of his petition filed under Section 13 of the Hindu Marriage Act, for the dissolution of his marriage with the appellant-wife.

(2.) The petition filed by the husband for the dissolution of his marriage under Section 13 of the Act was allowed by the trial Court and the wife has come up in appeal which was admitted on 14.7.1995. It is alleged that the Motion Bench while admitting the appeal had ordered the husband-respondent to pay a sum of Rs. 650/- per month as maintenance pendente lite and another sum of Rs. 2,000/- towards litigation expenses during the pendency of the appeal in this Court. The records of the case were burnt in a fire and the file has been reconstructed. The admitting Order is not on the record. The learned counsel for the applicant-appellant submits that the petition filed by the husband be dismissed as he has not deposited the arrears of maintenance as fixed by this Court.

(3.) Notice of the application was issued to the husband through his counsel who has filed a reply thereto. It is stated in para 2 of the application that the Motion Bench while admitting the appeal fixed the maintenance amount @ Rs. 650/- per month and Rs. 2,000/- as litigation expenses. This fact has been denied by the husband for want of knowledge. I have no hesitation in holding that Rs. 650/- per month was the amount fixed as maintenance by this Court to be paid by the husband during the pendency of the appeal and another sum of Rs. 2,000/- as litigation expenses. The husband is only trying to take advantage of the fact that the original file was destroyed in a fire. Admittedly, the amount has not been paid during the pendency of the appeal. Counsel for the respondent requests for three weeks' time to enable his client to pay the entire arrears of maintenance together with the litigation expenses. Let this be done before the next date of hearing. Adjourned to 24.9.1997. ORDER DATED 30.9.1997.