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1986 Supreme(Ori) 280

D.P.MOHAPATRA
GOURIDEVI PANDA – Appellant
Versus
KISHORE CHANDRA PANDA – Respondent


Advocates Appeared:
B.L.N. Swamy, for the Appellant; P.V. Ramdas, for the Respondent

JUDGMENT :

D.P. Mohapatra, J. - The short question for consideration in this revision petition relates to the consequence of noncompliance of an order of the court u/s 24 of the Hindu Marriage Act, 1955 (for short 'the Act'). More precisely stated, whether the court can prohibit the defaulting party to prosecute the proceeding.

2. The relevant facts giving rise to the present proceeding may be stated thus:

The opposite party filed O.S. No. 5 of 1980 against the Petitioner u/s 9 of the Act, for restitution of conjugal rights. The suit is pending before the Subordinate Judge, Parlakhemundi. During pendency of the said suit, on the application of the Petitioner u/s 24 of the Act, for grant of interim maintenance and legal expense, the trial court, by its order dated 16-7-1982 in M.J.C. No. 42 of 1981, directed the opposite party to pay interim maintenance and litigation expenses amounting to Rs. 501- per month to the Petitioner from the date of filing of the petition u/s 24 of the Act, i.e., from 25-11-1981. On the next day, i.e., 9-8-1982, when the case came up for hearing and the opposite party (husband) was ready with his witnesses to proceed with the case, the counsel for the Petitio











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