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Sarwan vs Savita on 19 January, 2018

FAO-317-2018 (OM) –1–

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

FAO-317-2018 (OM)
Date of Decision:- 19.1.2018

Sarwan … Appellant
Versus

Smt. Savita … Respondent

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

Present:- Mr. Parveen Sharma, Advocate for
Mr. Pankaj Bali, Advocate for the appellant.

*****
M.M.S. BEDI, J.

This is husband’s appeal against order dated 7.12.2017

dismissing his petition for decree of divorce on the ground of having not

paid the entire arrears of maintenance pendente lite as per the order passed

by the Court on 25.4.2016.

Perusal of the impugned order indicates that no one had put in

appearance on behalf of the appellant on 7.12.2017 as such the petition has

also been dismissed in default.

We have carefully considered the circumstances of the present

case and are of the opinion that an order passed by a Court dismissing a case

for non appearance under Order 9 Rule 8 of CPC can be questioned by

filing an application under Order 9 Rule 9 of CPC. If any such application is

rejected, the order is appealable under Order 43 Rule 1(c) of CPC.

This appeal is liable to be disposed of in limine being not

maintainable on account of the statutory alternative remedies available to

him.

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26-01-2018 07:54:49 :::
FAO-317-2018 (OM) –2–

The counsel for the appellant has submitted that the appellant is

ready to clear all arrears of maintenance as per the order dated 25.4.2016.

The appeal is disposed of in limine relegating the appellant to

avail the alternative remedy of filing an application under Order 9 Rule 9 of

CPC within a period of 15 days. It is ordered that in case the application is

supported by a bank draft of entire arrears of maintenance pendente lite as

per the order dated 25.4.2016, the application shall be considered and

decided in accordance with law expeditiously.

( M.M.S. Bedi )
Judge

19.1.2018 ( Gurvinder Singh Gill)
pankaj Judge

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

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26-01-2018 07:54:49 :::

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