The court has the inherent jurisdiction to stay the proceedings in a suit until the husband pays the amounts ordered under Section 24 of the Hindu Marriage Act.

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 proceedings. Dissatisfied with this order Mst. Malkan Rani appealed to this Court. The appeal came before Dua J. who referred it to a larger Bench and it has now come before us for decision.

2. The only point that requires determination in this case is whether or not the proceedings in the suit filed by the husband for restitution of conjugal rights could be stayed till the husband paid the amount which he had been ordered to pay under Section 24 of the Hindu Marriage Act.

3. The Indian Legislature by enacting the Hindu Marriage Act (Act 25 of 1955) has codified the law relating to marital relations among Hindus. Section 21 of the Act makes the provisions of the Code of Civil Procedure applicable to proceedings under this Act Section 24 relates to maintenance pendente lite and expenses of proceedings. It reads:

"Section 24. Where in any proceedings under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceedings such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the Court to be reasonable."

Section 28 is the other section which must be taken into consideration in the present appeal. It reads:

"Section 28. All decrees and orders made by the Court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force."

4. It was contended on behalf of the wife that the Hindu Marriage Act does not lay down any specific provision for enforcing an order under Section 24 of the Act, and, therefore, the matrimonial Court can stay further proceedings in the exercise of its inherent jurisdiction. On the other hand, the contention raised on behalf of the husband was that Section 28 of the Hindu Marriage Act lays down the method for enforcing an order made under the Act and its enforcement by another procedure must be held to have been prohibited or excluded.

5. Now Section 24 of the Hindu Marriage Act empowers the matrimonial Court to make an order for maintenance pendente lite and for expenses of proceedings to a needy and indigent spouse. The object and purpose of this statutory provision, obviously is to enable the Court to see that the indigent spouse is put in a financial condition in which the party concerned may produce proper material and evidence in the case. The Intention of the Legislature in enacting this provision is to see that