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Judgment
J.V. Gupta, J.—This appeal has been filed on behalf of Surjit Kaur wife against the decree of divorce dated 28.3.1987
Vide this Court''s order datedl4.9.1987, a sum of Rs. 100/- per month was allowed as maintenance pendente lite with effect from 15.11.1983. This was the amount fixed u/s 125, Criminal Procedure Code. In addition thereto a sum of Rs. 1000/- was allowed as litigation expenses. For payment and arguments the case was adjourned to 16.10.1987. On that date, counsel for the Respondent wanted further time to make payment. He was allowed last opportunity failing which his defence was liable to be struck off. The case was adjourned for 17.11.1987 for payment and arguments,
Today the learned Counsel for the Respondent stated at the Bar that he has no instructions on behalf of his client. He has written letters to him but he is not getting any reply thereto. Thus he submitted that he has no instructions nor is he in a position to make any payment
In these circumstances I have on other option but to strike off the defence of the husband In that situation, the appeal is accepted. The decree of divorce is set aside and the petition for divorce is dismissed with no order as to costs.