AMARJIT KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) AMARJIT Kaur has filed this appeal against the judgment dated August 6, 1977, passed by the District Judge, Hoshiarpur, whereby a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was passed against her at the instance of her husband Sohan Singh. On an application filed by the appellant under Section 24 of the Hindu Marriage Act Gurnam Singh, J, passed this order on November 4, 1977, that the respondent should pay Rs. 200/ - as litigation expenses and a further sum of Rs. 75/ - as maintenance pendente lite from the date of the application No payment under this order has so far been made. It is stated on behalf of the respondent that he was too poor to make any payment Learned counsel for the appellant has cited Shrimati Swarno Devi v. Piara Ram, 1975 H.I.R. 15, wherein it was held that on the failure of the husband to make the payment of maintenance his defence could be struck down. In the reported case the appeal of the wife was accepted solely on the ground that her husband had not not paid her the maintenance allowance. A similar view was taken in Shrimati Parkasho v. Lachhman Singh, 1977 H.L.R. 334. In that case the adjournment had been granted to the appellant for arranging for the payment and when he failed to make the payment, by striking off the defence of the respondent husband, the Appeal was accepted In the present case, there is no need to give any opportunity to the respondent for the payment of the amount as no such prayer has been made it is contended by the learned counsel for the respondent that the appellant should be directed to have recourse to Section 8 of the Hindu Marriage Act for getting the order of maintenance executed. In view of the two recent judgments of this course going against him, I do not want to relegate the petitioner to the alternative remedy that is available to her. In the suit, this appeal is accepted. The decree passed by the lower court is set aside. The petition of the respondent for the restitution of conjugal rights stands dismissed. There shall be no further order as to costs.