1. In October 1958 Krishan Kumar applied under Section 9 of the Hindu Marriage Act, 11955, for restitution of conjugal rights against his wife Mst. Malkan Rani. The wife made an application under Section 24 of the Hindu Marriage Act for her maintenance pendents lite and for expenses to defend herself. The learned Senior Sub Judge Ambala, by order dated 6-2-1959 directed the husband to pay Rs. 40/- per mensem as maintenance pendente lite with effect from 1-2-1959 and to pay to her another sum of Rs. 150/- as litigation expenses. The learned Judge further directed him to pay this amount on or before 6-3-1959 failing which the wife would be at liberty to realise this amount by taking execution proceedings. The husband has not paid the maintenance nor litigation expenses. Mst. Malkan Rani then applied to the Court that proceedings in the suit should be stayed till the payment of these amounts because otherwise she could not defend herself.

This petition was rejected on the ground that she could enforce the order only in execution proceedings and that there was no provision in the Hindu Marriage Act under which the husband could be compelled to pay this amount by stay of the pro