Sri Karunakaran Praveen vs Mrs M V Roopa on 18 July, 2014
18. Learned Counsel for petitioner places
reliance upon the decision of the High Court of Delhi in
Smt.Jai Rani vs. Om Prakash Saini2. The facts
obtaining in that case, is that husband filed a petition
under Section 9 of the Hindu Marriage Act for
restitution of conjugal rights, whence respondent/wife
filed an application under Section 24 for maintenance,
pendente lite and litigation expenses which when
ordered to be paid, the failure on the part of the
husband to pay the amount, the proceeding in the
matrimonial case was stayed and the question was
whether the wife is entitled to recover from the husband
maintenance amount only uptill date of stay and not
thereafter. Neither facts nor the question that arose for
decision making in that case are similar or identical to
the facts of this case and therefore, that judgment is
unavailable.