JUDGMENT

D.P. Mohapatra, J.-The point that arises for determination in this case is short but by no means simple. The point is this: Whether the husband who has filed a petition seeking dissolution of the marriage by a decree of divorce under Section 13(1-A)(i) of the Hindu Marriage Act, 1955 (for short the Act ) can be declined relief on the ground that he has failed to pay maintenance to his wife and daughter despite order of the Court?

2. The relevant facts of the case necessary for determination of the question may be stated thus :

3. The appellant is husband of the respondent. On the petition filed by the respondent- under Section 10 of the Act seeking judicial separation on the ground of adultery on the part of the appellant a decree for judicial separation was passed by the High Court of Karnataka on 6.1.1981. In the said order the Court considering the petition filed by the respondent, ordered that the appellant shall pay as maintenance Rs.100/- per month to the wife and Rs.75/- per month for the daughter. Since then the order has not been complied with by the appellant and the respondent has not received any amount towards maintenance. Thereafter, on 13.9.1983 the appellant