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1976 Supreme(HP) 41

R.S.PATHAK
DHANI RAM – Appellant
Versus
SUSHILA DEVI – Respondent


Advocates Appeared:
R.K. Punshi, for Petitioner

JUDGMENT

1. This is a husbands appeal against an order of the learned Senior Subordinate Judge, Bilaspur stay­ing the proceedings in a petition under S. 13 of the Hindu Marriage Act during the pendency of the wifes application under S. 24 of the Act.

2. The husband, Dhani Ram, filed a petition for divorce under S. 13 of the Hindu Marriage Act. During the pendency of the petition, the wife applied for maintenance and litiga­tion expenses pendente lite under S. 24 of the Act. While that applica­tion was pending, she applied for stay of the proceedings in the divorce petition. On July 15, 1971 the learned Senior Subordinate Judge, Bilaspur made an order accord­ingly. The husband appeals.

3. In my opinion this appeal is not maintainable. In a recent case: Smt. Taranjit Kohli v. Gurbaksh Singh Kohli, ILR (1975) Him Pra 663, a Division Bench of this Court laid down that the decree and orders mentioned in S. 28 of the Hindu Marriage Act, which provides for appeals, are the decrees and orders spe­cifically referred to by the Act itself, such as a decree for restitution of con­jugal rights under S. 9, a decree for judi­cial separation under S.10, a decree of divorce under S.13, orders made for

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