- (1.) This is a husband's appeal under Section 28 of the Hindu Marriage Act. The Respondent wife had filed a petition under Section 13(1)(ia) of the Act claiming a decree of divorce on the ground of cruelty.
(2.) During the course of proceedings the Trial Court had directed payment of maintenance under Section 24 at the rate of Rs.2,200/- per month. The appellant husband defaulted in the payment. The proceedings had been initiated in 2003. In view of the default, the Trial Court directed the defence to be struck off by order dated 20.4.2005. At that stage the witnesses of the Respondent wife were being cross examined; the evidence was thereafter closed on the next date of hearing, and the petition was decreed.
(3.) After notice was issued learned counsel for the Respondent sought to sustain the impugned decree, and cited the judgment of the Supreme Court in Modula India Vs. Karnataka AIR 1989 SC 162. He submitted that generally the Court in its discretion could have permitted further cross examination of the Petitioner's witnesses and nothing prevented the appellant husband from so applying. It was also contended that after defence was struck off the appellant did not join the proceeding.;