1958 Present: H. N. G. Fernando, J., and T. S. Fernando, J.

K. SINNATHAMBY, Appellant, and YOKAMMAH, Respondent

S. C. 396-D. C. .Jaffna, 154/D

    Divorce-Action in81ituted by wife-Alimony pendente lite-Failure of husband to pay it-Can Court refuse to hear defence ?-Civil Procedure Code, ss. 85, 109, 839.

When, in divorce proceedings instituted by a wife, an order for the payment of alimony pendente lite is flouted by the husband, the Court has no power to strike out the defence and to place the defendant-husband in the same position as if he had not appeared.

APPEAL from a judgment of the District Court, Jaffna.

C. Ranganathan, for the Defendant-Appellant.

S. Sharvananda, for the Plaintiff-Respondent.

Cur. adv. vult

December 5, 1958. H. N. G. FERNANDO, J.-

The plaintiff, who is the wife of the defendant, instituted this action for divorce on the grounds of malicious desertion. The defendant in his answer alleged that the plaintiff had committed adultery and asked on that ground for a decree of judicial separation. On 25th February 1957 the parties agreed upon alimony pendente lite at the rate of Rs. 25 per month and order for alim