Balwinder Kaur vs Kashmir Singh

G.C. Garg, J.—Learned Counsel for the appellant has brought to my notice an order dated April 22, 1993 passed by Amarjeet Choudhary, J. by which the defence of the respondent-husband was struck off as he had failed to comply with the order of this Court dated January 14, 1993 whereby he was directed to pay maintenance pendente lite and litigation expenses. Learned Counsel further informed that the litigation expenses and maintenance pendente lite have not been paid by the respondent-husband even till today. He consequently prays that in view of the law laid down in Shrimati Swarno Devi v. Piara Ram 1975 H.L.R. 15, Shrimati Parkasho v. Lachhman Singh 1977 H.L.R. 334 and Amarjit Kaur v. Sohan Singh 1979 P.L.R. 749, this appeal be allowed.

It may be noticed here that the appellant-wife filed a petition u/s 13 of the Hindu Marriage Act against her husband, respondent herein, for dissolution of Marriage by a decree of divorce. The said petition having been dismissed, she filed the present appeal. On an application u/s 24 of the Act filed by the wife, the respondent-husband was directed to pay Rs. 500/- per month as maintenance pendente lite from the date of the application and Rs. 1,000/- as litigation expenses to the appellant, by order dated January 14, 1993. This amount has not been paid and as noticed above, it was on this count that the defence of the respondent-husband was struck off by order dated April 22, 1993. Once the defence of the husband is struck off. the wife is entitled to the grant of relief as claimed by her. Consequently, this appeal is allowed and marriage between the appellant and the respondent is dissolved by a decree of divorce u/s 13 of the Hindu Marriage Act in view of the law laid down in the judicial precedents noticed above. No costs.

Learned Counsel for the respondent has not put in appearance to controvert the submissions made by the Counsel for the appellant.