FAO(HMA) No. 411 of 2014

.

04.01.2018 Present: Appellant in person with Mr. Surender Verma,

Advocate vice Mr. Subhash Sharma, Advocate.

Respondent in person with Mr. Arvind Sharma,

Advocate.

CMP No. 7531 of 2017

Against `25,000/- towards arrears of

maintenance pendente-lite, directed to be paid on

the previous date, the appellant-husband has only

paid `15,000/-, which has been received by the

respondent-wife, who is present in person. Since the

parties are present in person, therefore, conciliation is

also tried. The respondent-wife is right now ready and

willing to join the company of her husband, the

appellant and to live in the matrimonial home. It is,

however, the later who is reluctant to take her to the

matrimonial home, that too, without any valid and

reasonable excuse. The only reservation that his sister is

presently ill and under treatment in PGI Chandigarh,

even if true, is not plausible for the reason that allowing

the respondent to accompany him to matrimonial

home would not come in any manner in the way of

treatment of his sister. Another complaint that the

respondent not lives peacefully in the matrimonial

home and rather harass him, is again a lame excuse

and seems to be made to avoid his liability to maintain

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her and also his minor daughter Priya studying in 7th

.

class may be due to his extra marital relations, as

disclosed by Priya, when asked about the relation of

her parents with each other. Any how, a week’s time is

granted to the appellant to think over the matter. List

on 11th January, 2018. He is directed to make up-to-

date payment of arrears qua maintenance pendente-

lite i.e. up to 31st December, 2017 on the next date,

failing which, appropriate orders will be passed in this

matter. The respondent also to attend this Court in

person on the next date. The appellant shall bear the

expenses she incurred on account of her attending this

Court today and also on the next date, which is

quantified as `3000/-.

(Dharam Chand Chaudhary)
Judge

January 4, 2018
(naveen)

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