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1986 Supreme(Ker) 267

VARGHESE KALLIATH
RAGHAVAN – Appellant
Versus
SAROJA – Respondent


Judgment :-

1. This is a revision by the husband from an order made by the District Judge in proceedings by the wife for ancillary relief under S.24 of the Hindu Marriage Act, 1955 (for short, the Act). There is no dispute between the parties on certain essential facts of this case.

2. The husband and wife were married on 13th November, 1969. The couple had one child. There was a breakdown of marriage. Husband complained desertion by the wife. He filed an application for dissolution of the marriage, O. P. No. 10 of 1980. It was filed on 26-3-1980. Notice on the application was issued on 9-4-1980. Pending the main petition, O. P. 10/80, the wife filed an application I. A. 3486/80 on 24-11-1980 for the relief of interim alimony and for court's direction to the husband to pay a lump sum amount to the wife to meet the expenses of the litigation. This application was disposed of only on 31-1-1981. Before the disposal of this application, the main petition O. P. 10/80- was dismissed on 15-12-1980.

The husband did not appear before the court. The court was not inclined to postpone the case for good reason and in that circumstance, the O. P. was dismissed for non-prosecution.

3. The District
























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