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Report No. 98

5.3. Other modes of enforcement.-

This does not, of course, mean that other modes of enforcement are necessarily barred. These other modes could include, for example, (a) stay of proceedings, where the party in default in paying the interim maintenance is the petitioner in the main proceedings;1 (b) striking off the defence under section 151, Code of Civil Procedure, 1908, where the party in default in paying the interim maintenance is the respondent in the main petition;2 (c) punishment for contempt.

1. (a) Malkan Rani v. Krishna Kumar, AIR 1961 Punj 42.

(b) Anita v. Birendra, AIR 1962 Cal 88.

(c) Bhuneshwar v. Dronta Bai, AIR 1963 MP 259.

(d) Jai Singh v. Khimi Bhiku, AIR 1978 HP 45 (49, 50), para. 20.

(e) Ram Swaroop v. Janak, AIR 1973 Punj 40.

(f) Anuradha v. Santosh Nath, AIR 1976 Del 246.

2. Ram Swaroop v. Janak, AIR 1973 Punj 40.



Sections 24 to 26 of the Hindu Marriage Act, 1955 - Orders for Interim Maintenance and Orders for the Maintenance of Children in Matrimonial Proceedings Back




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