Dr. T. N. Singh, J.- 1. I am not at all prepared to perpetuate injustice done in this case to the poor wife, who had been deprived of the statutory right of maintenance under Section 24 of the Hindu Marriage Act, 1955, (For short 'the Act') as a result of the prevent proceedings instituted in this Court eight years ago. Counsel for the petitioner having realised the futility of supporting the order passed in this case on 22-9-1977 adjourning the matter sine die, sought leave to withdraw the petition. But I refused leave to him because that will rob me of my jurisdication to render an effective order in this case to do justice to a battered cause, if not to the battered wife. I can say this much only that because he expressed his willingness not to press the petition, only a 'no costs' order I can make, to which he is entitled under the law.

2. The short question in this matter is, whether during pendency of the application by the husband to set aside the exparte order passed against him in the divorce suit instituted by him, which was dismissed for default, the provisions of Section 24 shall be operative or not. I have no hesitation to say bluntly and say without hesitation tha