D.M. Dharmadhikari, J.

1. This is an appeal by the husband under Section 28 of the Hindu Marriage Act against the Judgment dated 8.7.1996 of the Court of 5th Additional District Judge, Bilaspur, whereby his petition filed for divorce against the wife has been dismissed only on the ground of non-payment of full amount of interim maintenance, and litigation expenses to the wife as ordered in proceedings under Section 24 of the Act.

2. In this Court also directions were issued on 6.3.1998 for payment of arrears of maintenance at the rate of Rs. 350/- per month and to pay a sum of Rs. 500/- as litigation charges.

3. On 20.4.1998 the couple was called by the Court for efforts of re-conciliation. The husband refused to accept the wife to his house stating that she is an abnormal person although this Court, when questioned her found no apparent abnormality. The re-conciliation efforts failed.

4. The learned Counsel appearing for the husband in this appeal submits that the husband, because of his poor financial condition, could not clear all the arrears of maintenance and could get no opportunity to prove that he is entitled to a decree of divorce against the wife on the ground alleged