( 1 ) THIS petition under Section 115 CPC by the petitioner/husband had originally challenged the order dated 21st July, 2003 which held that the issue of delay in filing of written statement and its consequences shall be considered after the decision in the proceedings under Section 24 of the HINDU MARRIAGE ACT, 1955. The learned counsel for the petitioner has submitted that this may not be the correct position in law as well as in equity because once an interim order for maintenance and litigation is passed, there is no disability on the part of the respondent wife to file a written statement/reply and this should not be delayed further. I am of the view that in matrimonial matters, the Court should ensure that interim maintenance is granted expeditiously and litigation expenses are paid to the wife. Once the litigation expenses and interim maintenance are paid to the wife, the court should ensure that the written statement/reply be filed within a reasonable time thereafter.

( 2 ) THE counsel for the respondent/wife, however, pointed out that the maintenance awarded is not being regularly paid to her and the petitioner/husband is in arrears. Both the counsel for