T. U. Mehta, Acts. C.J. :- This appeal is preferred by the appellant-husband against the order passed by the District Judge, Mandi granting an ex parte decree of judicial separation in favour of the first respondent Smt. Khimi who claims to be the wife of the appellant.

2. Facts of the case show that the first respondent Smt. Khimi filed a petition for judicial separation under the Hindu Marriage Act on the ground that her appellant husband has a second wife, who is in this case the respondent No. 2, and is treating her cruelly. It is found that during the pendency of the proceedings the first respondent made an application for interim alimony and costs under S. 24 of the Hindu Marriage Act. On that application the court passed an order on 8th August, 1972 for payment of monthly allowance and cost of the petition amounting to Rs. 200. Proceedings taken before the trial court show that the appellant-husband thereafter failed in paying the amount of cost as ordered by the Court. Ultimately, on 27th Feb., 1973 the appellant husband made the following statement before the court : "I have not been able to bring the money today, which I have promised to pay on the last date of he