PANNA LAL CHAUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner/appellant filed an application in the year 2000 under Section 9 of the Hindu Marriage Act for a decree of restitution of conjugal rights. The suit was registered as Title (Matrimonial) Suit No. 4 of 1996. in the said suit, interim order was passed on 21.3.1998 for payment of maintenance pendente lite to the respondent No. 2 at the rate of Rs. 750.00 per month besides Rs. l,000.00 towards litigation cost. The suit was ultimately dismissed for non prosecution on 26.2.1999. Thereafter, when the appellant did not comply the order for payment of pendente lite maintenance, the respondent No. 2 moved the Court in Criminal Execution Case No. 45 of 2000 for realization of the maintenance amount, which was directed to be paid w.e.f. 1996. The Court below issued distress warrant which was challenged by the appellant in WP (C) No. 3556 of 2001. This Court vide order dated 7.8.2001 declined to interfere with the said order but directed the appellant to appear before the Court below and stayed the operation of the distress warrant, inspite of the aforesaid direction, admittedly, the appellant did not deposit any amount before the Family Court instead filed an application taking the plea that maintenance is not payable on the ground, inter alia, that the respondent No. 2 went for a second marriage..

(2.) IT is to be noted that the date when the respondent No. 2 married second time has not been disclosed.

(3.) MR . Indrajeet Sinha, learned counsel for the appellant submitted that the Court below ought to have considered the application dated 18.8.2001 Hied by the appellant before issuing the distress warrant for recovery of the amount of maintenance.