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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.2701 of 2017 (OM)
Date of decision: April 19, 2017
Tejinder Kaur ….Petitioner
Versus
Rattandeep Singh ….Respondent
CORAM: HON’BLE MR. JUSTICE JASPAL SINGH
Present: Mr. Vaibhav Sehgal, Advocate
for the petitioner.
JASPAL SINGH, J.(ORAL)
By virtue of the instant petition preferred under Article 227 of
Constitution of India, petitioner has sought setting aside of the order dated
22nd March, 2017 (Annexure P-8) passed by Additional District Judge,
Ludhiana whereby petition under Section 13 of Hindu Marriage Act (for
brevity ‘Act’ only), has been adjourned for 21st April, 2017 with direction to
the petitioner to file written statement without getting implemented its
previous orders for strucking off the defence on account of non-payment of
the maintenance pendente lite awarded by the trial Court while disposing an
application under Section 24 of the Act.
A perusal of the various interim orders passed by the trial Court
reveals that the respondent-husband was directed to make the payment of
arrears of the maintenance pendente lite and in the event of his failure to
make the payment, the petition was to be disposed of summarily on account
of non-payment of arrears of maintenance but subsequently, on 22nd March,
2017, the respondent came forward and tendered a sum of Rs.40,000/- in
cash and four account payee cheques of Rs.12,500/- each, but the petitioner-
wife refused to accept the same.
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CR No.2701 of 2017 (OM) -2-
The contention of learned counsel for the petitioner is that the
direction for filing the written statement is contrary to the settled cannons of
law because no direction can be given until and unless arrears of
maintenance pendente lite are cleared by the husband.
Instant petition is disposed of with direction to the trial Court to
first dispose of the application on merits after hearing both the parties with
regard to dismissing of divorce petition on account of non-payment of the
arrears of the maintenance which are still outstanding against the
respondent-husband. However, he be afforded only single opportunity to
make the payment for a period of two or three weeks maximum for
clearance of the maintenance pendente lite and litigation expenses
outstanding till the date fixed by the trial Court and in case the payment is
not made, then pass an appropriate order in accordance with law.
Meanwhile, filing of the written statement in view of impugned
order dated 4th March, 2017 shall remain stayed.
Since this order has been passed in the absence of respondent,
if he feels so aggrieved, he shall be at liberty to approach this Court
April 19, 2017 (JASPAL SINGH)
m. sharma JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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