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1986 Supreme(Ori) 66

S.C.MOHAPATRA
BINAYAK CHANDRA – Appellant
Versus
KAMALA – Respondent


Advocates Appeared:
A.K.Padhi, S.K.PADHI, U.C.Panda

S. C. MOHAPATRA, J.


( 1 ) THIS Civil Revision by the husband arises out of an order dismissing a matrimonial proceeding for divorce under the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for non-compliance of the direction to the husband to pay maintenance pendente lite and litigation expenses to the wife within the time stipulated.

( 2 ) ON 16-7-1983, the learned Subordinate Judge passed an order directing the husband for payment of monthly maintenance at the rate of Rs. 150/- and expenses of the proceeding of Rs. 300/- to the opposite party who is his wife. No time was stipulated in the order for the payment of the amounts. Shortly thereafter, on 10-8-1983, an application was filed on behalf of the wife that the suit should be dismissed for non-compliance of the order. Opportunity was given to the husband to file objection to such a petition. On 27-10-1983, the husband filed the objection stating therein that he has no capacity to pay the amount ordered. The application with the objection was considered on 8-3-1984 and order was passed directing payment of the entire arrears by 9-4-1984. The order dt. 8-3-1984 reads as follows :-"advocate for plaintiff files p











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