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Sunil vs Sonu on 20 February, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(220) FAO-M-254-2015
Decided on: February 20, 2018.

Sunil …. Appllant
Versus

Sonu ….. Respondent

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE GURVINDER SINGH GILL

Present: Mr. Mukesh Yadav, Advocate, for the appellant.

None for the respondent.

M.M.S. BEDI, J (ORAL)

Appellant-husband Sunil filed a petition for divorce against the

respondent-wife. During pendency of the petition, an application under

Section 24 of the Hindu Marriage Act was filed by the respondent-wife

which was allowed on 03.01.2014 but on account of non-payment of the

arrears of maintenance calculated @ Rs.2000/- per month with effect from

the date of application and litigation expenses of Rs.5000/-, the petition was

dismissed on 19.03.2015.

It is not out of place to observe here that on 29.07.2015 a bank

draft of Rs.43,000/- being litigation expenses of Rs.25,000/- and

Rs.18,000/- towards the arrears of maintenance was deposited with this

Court and thereafter notice of motion was issued to the respondent-wife.

Attempts made for bringing about reconciliation by the

Mediation and Conciliation Centre of this Court, were not fruitful.

We are of the opinion that on account of default of non-

payment of the arrears of maintenance pendente lite and litigation expenses,

impugned order dated 19.03.2015 was passed as a penalty measure in

accordance with law. The said order is though perfectly legal but at the

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FAO-M-254-2015 -2-

same time, deprives the appellant an opportunity to seek adjudication of the

petition on merits.

The respondent has opted not to appear today.

Since the act of default having been made good subsequently,

an opportunity can be granted to the appellant to seek adjudication of his

petition under Section 13 of the Hindu Marriage Act by imposing a

condition on him that in case the appellant appears before the Family Court,

Narnaul on or before 31.03.2018 by depositing the entire arrears of

maintenance pendente lite calculated @ Rs.2000/- per month till March,

2018 after adjusting the amount already deposited along with costs of

Rs.10,000/- his petition for divorce will be taken up for hearing from the

stage as was prevailing on 19.03.2015.

The appeal is allowed in the aforesaid manner.

Both the parties shall appear before the lower Court on

31.03.2018 for further proceedings subject to the above said condition.

It is made clear that in case the order passed by this Court is not

complied with by 07.04.2018, this petition will be deemed to have been

dismissed.

(M.M.S. BEDI)
JUDGE

February 20, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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