This is an appeal under section 28 of the Hindu Marriage Act, 1955 (for short the 'Act'), against the judgment and decree passed in Civil Suit No. 106-A/94, on 21.11.1994, by Second Addl. Judge to the Court of District Judge, Morena, whereby the suit of the plaintiff for dissolution of marriage under section 13 of the Act was dismissed.

The facts in brief are as under :

The appellant-husband instituted a suit under section 13 (1) (ia) of the Act for dissolution of the marriage on the ground of cruelty. After notice, the respondent-wife filed an application under section 24 of the Act for grant of interim alimony. The trial Court after hearing the parties, granted interim alimony at the rate of Rs. 700/- p.m. from the date of application, i.e. from 29.10.1993, but the husband did not deposit the amount. Prior to the institution of the suit the respondent-wife also instituted a proceeding under section 125 of the Cr.P.C. The Judicial Magistrate First Class trying the proceeding ordered grant of maintenance at the rate of Rs. 300/- per month for the wife and Rs. ISO/for the minor girl, but the plaintiff-husband did not deposit the amount of maintenance awarded by the J.M.F.C.