1. - Heard learned counsel for the petitioner.

2. Mr. Pareek with all his vehemence at his command submitted that the order dated, 30.7.88, passed by the learned District Judge, Alwar, granting interim maintenance under section 24 of the Hindu Marriage Act is bad in law. He submitted that the petitioner has filed an application under section 13 for the declaration that the divorce has already taken place according to the customary rites. That matter is sub-judice. He submitted that the wife has submitted an application under section 9 for the restitution of the conjugal rights. He further submits that earlier also a suit for the restitution of the conjugal rights or the application for the restitution of conjugal rights was submitted. He submits that the first application was dismissed on 10.8.82. He is not in a position to produce the certified copy of the said order or any other relevant document to show on what grounds it was dismissed. Right of restitution of conjugal rights is an inherent right and any party can invoke it. Apart from that it is a due right and the cause of action may differ from time to time. Unless the grounds of refusal are known the dismissal of the