GURDEV KAUR Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of the execution application filed by the appellant for the recovery of the maintenance pendente lite. This application has been filed by the wife in her appeal which was filed against the judgment of learned Addl. District Judge, Bhatinda, whereby the petition filed by the husband Balwinder Singh under Section 9 of the Hindu Marriage Act for restitution of conjugal rights has been allowed and in consequence thereof a decree against the wife has been passed. In the present appeal on an application filed by the wife under Section 24 of the Hindu Marriage Act, she was awarded Rs. 600.00 per month as maintenance pendente lite from the date of the application. Previously too wife had filed an application for recovery of the amount and after notice some amount was paid. Further payment has not been made and that has led to the filing of the present application.

(2.) NOTICE of this application was given to the Counsel for the respondent for 19. 2. 1997. Thereafter case has been adjourned five times on the request of the Counsel for the respondent but despite these adjournments no amount has been paid by the husband. In these circumstances, I am of the view that the sole purpose of the respondent in not making payment to the appellant is to harass her.

(3.) ACCORDINGLY , this appeal is allowed and judgment and decree of the learned Additional District Judge, Bhatinda is set aside. In consequence thereof petition under Section 9 of the Hindu Marriage Act filed by the respondent shall stand dismissed. No order as to costs.