G.C. Mital, J. - (1.) On an application under section 24 of the Hindu Marriage Act, 1955 (for short 'the Act'), this Court on Sept., 18. 1985 had ordered the husband to pay Rs. 400.00 per month as maintenance pendente lite and Rs. 800.00 as litigation expenses. The husband did not comply with that order. The husband was directed to bring the amount due to the wife under the aforesaid order on 19.2.1986 and the parties were directed to be present for reconciliation. On 19.2.1986 neither the amount was paid nor the husband put in appearance. However, the counsel for the husband made a statement at the bar that his client is not interested in defending the case and produced a letter written by his client, which was placed on record. Since he wilfully failed to comply with the order of this Court, notice to show cause why contempt proceedings should not be initiated was issued and in spite of issue of ordinary notice, bailable and non-bailable warrants, he did not appear as his where-abouts could not be found. Ultimately. the contempt proceedings were dropped due to the non-availability of the husband. The net result is that the wife has not been pail the litigation expenses and maintenance pendente lite.
(2.) Out of the wed-lock four children were born who are living with the wife. For the maintenance of wife and four children, Rs. 400.00 per month were awarded.
(3.) The wife had filed an application for grant of divorce on the ground of cruelty and desertion with the allegation that the husband was a drunkard gambler and had immoral habits and wanted the wife to satisfy the sex lust of the undesirable persons, whom he had been bringing to the house. On her refusing to do so she was given beatings and was ultimately turned out of the house along with the children. The matter was again got compromised with the help of the Panchayat but after few months she was again turned out of the house. When no alternative was left she filed a petition for divorce, which was opposed by the husband. On the contest of the parties, the following issues were framed : 1. Whether the respondent has, after the solemnization of marriage, treated the petitioner with cruelty ? OPP 2. Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition ? OPP 3. Relief.;