V.K.JHANJI
Urmila Rani – Appellant
Versus
Mohinder Singh – Respondent
V.K. Jhanji, J. - This is wifes appeal directed against the judgment of the Additional District Judge, Karnal, whereby petition filed by the husband, Mohinder Singh Gupta, under Section 13 of the Hindu Marriage Act for decree of divorce on the ground of cruelty and desertion has been allowed and in consequence thereof, marriage between the parties has been dissolved.
2. In the present appeal, on an application filed by the wife under Section 24 of the Act, she was awarded a sum of Rs. 800/- per month as maintenance pendente lite from the date of application and Rs. 1,500/- as litigation expenses. Maintenance pendente lite had been paid in Court upto May, 1994 and thereafter, no amount has been paid by the respondent-husband. On 1.10.1996, counsel for the appellant submitted that in view of the law laid down in various judgments of this Court, on account of non-payment of maintenance pendente lite, petition filed by the husband under Section 13 of the Act is to be dismissed and the present appeal allowed. Notice was issued to the counsel opposite, but no one has come forward to pay maintenance. In these circumstances, I am of the view that the sole purpose of the respondent in
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