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2001 Supreme(P&H) 741

V.K.JHANJI
Anupama @ Charanjit Kaur – Appellant
Versus
Ashwani Kumar – Respondent


Judgment

V.K.Jhanji, J.

1. In this appeal, Anupama @ Charanjit Kaur is challenging two orders :

(1) ex-parte judgment and decree dated 5.5.1992 dissolving the marriage by a decree of divorce on a petition under Section 13 of the Hindu Marriage Act filed by husband, Ashwani Kumar (respondent herein); and

(2) order dated 18.5.1996 wherein application filed by Anupama under Order IX Rule 13, Code of Civil Procedure, for setting aside ex-parte judgment and decree dated 5.5.1992 has been dismissed.

2. During the pendency of the appeal, appellant Anupama filed application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite and litigation expenses. Upon contest by the respondent-husband, vide order dated 9.1.1998 application was allowed and respondent was directed to pay Rs. 700/- per month as interim maintenance from the date of application and Rs. 4,000/- as litigation expenses. Subsequently, appellant filed an application, CM. No. 1192-C of 2000 stating that since the passing of order dated 9.1.1998 she has been paid only Rs. 4,900/- and thereafter respondent has failed to pay her the remaining amount of maintenance from March, 1998 onwards. Upon notice of



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