hindu marriage act, 1955, Section 24, 28A – Interim maintenance – Non payment of – Striking off of defence – Act empowers the matrimonial court to award maintenance pendente lite and also litigation expenses to a needy and indigent spouse so that the proceedings can be conducted without any hardship on his or her part – The proceedings under this Section are summary in nature and confers a substantial right on the applicant during the pendency of the proceedings – Where this amount is not paid to the applicant, then the very object and purpose of this provision stands defeated – No doubt, remedy of execution of decree or order passed by the matrimonial court is available under Section 28A of the Act, but the same would not be a bar to striking off the defence of the spouse who violates the interim order of maintenance and litigation expenses passed by the said Court.
read HERE 2015 PLRonline 0005
KRISHAN LAL v. JASWINDER KAUR