SANJAY KUMAR SONI Vs. SMT. SHIKHA SONI

JUDGEMENT

(1.) By the instant writ petition under Art. 227 of the Constitution of India, the petitioner has challenged the order Annx.10 dt. 26.02.2008 passed by the learned District Judge, Banswara.

(2.) The facts and circumstances giving rise to the instant writ petition are that the petitioner filed an application before the District Judge, Banswara under Sec. 13 of the Hindu Marriage Act, 1955 (for short, "the Act, 1955" hereinafter) seeking dissolution of the marriage against the respondent. On service of the notice, the respondent appeared before the learned District Judge and filed an application under Sec. 24 of the Act. By the order dt. 05.05.2003 (Annx.1), the application filed by the respondent was allowed and interim monthly allowance of maintenance @ Rs.1000.00 in favour of respondent who is the wife of the petitioner and @ Rs.500.00 per month in favour of the minor son, was granted during pendency of the proceedings as also the expenses and counsel's fee of Rs.2000.00. The petitioner was directed to pay the said amount to the respondent and her minor son. The facts that the respondent is the legally wedded wife of the petitioner and the son was born out from that wed-lock, have not been disputed by the petitioner. Despite the order of the learned District Judge, the petitioner failed to pay the interim monthly allowance of maintenance as also the expenses and counsel's fee to respondent. On an application Annx.2 filed by the respondent, the learned District Judge passed the impugned order Annx.10 for realizing the amount by execution. Hence this writ petition.

(3.) I have heard learned counsel for the petitioner.