AIR 1987 ORISSA 167 ::(1987) 63 CutLT 745 ::(1986) 2 Orissa LR 63

Orissa High Court

Hon'ble Judge(s): S. C. Mohapatra , J

Hindu Marriage Act (25 of 1955) , S.13, S.24— Divorce petition - Non compliance of order to pay maintenance pendente lite and litigation expenses - Effect. There can be no doubt that contumacious conduct or deliberate act not to comply with the order under S.24 to pay maintenance pendee lite and litigation expenses can be dealt with stiffly by dismissing the application or striking of the defence of the defaulter as the case may be. Before exercising the said power, court is to give a clear finding based on reasons and material to that effect. Since the Court has the power to stay the proceeding or dismiss the same, the power should be exercised by doses. It should first stay the proceeding and give opportunity to the defaulter to pay the same. In spite of it where the default continues it might dismiss the application initiated by the defaulter in case, it comes to the conclusion that the nonpayment was deliberate and contumacious. However, the power should not be allowed to be utilised by a party to harass the other party to whom direction is given merely on account of non-payment where the circumstances would indicate that the non-payment was on account of reasonable cause. In such cases, the party entitled to receive @page-Ori168 the pendente lite maintenance and expenses of the proceeding can be allowed to execute the order....