S. N. Kapoor, J. (Oral)

( 1 ) THIS revision petition is directed against an order partly dismissing the application by disallowing maintenance with effect from 3rd May 1977 till 18th September 1980, the date of decree for divorce.

( 2 ) THE learned Additional District Judge passed the impugned order on the ground that on 2nd May 1977 the case of the husband for restitution of conjugal rights was adjourned sine die on account of non-compliance of the order dated 22nd March 1977 to pay maintenance and litigation expenses. The case of the petitioner for restitution of conjugal rights remained pending. Only counter claim of the Decree Holder seeking divorce was revived and divorce decree was passed on 18th September 1980. Since, the defence of the Judgment Debtor/husband was struck off, he could not be penalised (twice?) by recovery of maintenance in respect of the same period (during which he was not allowed to prosecute his defence and case for restitution of conjugal rights under Section 97th of the Hindu Marriage Act ).

( 3 ) TO further appreciate the points involved in the matter, before proceeding further, it would be desirable to have a glance at the facts of the case. These are

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