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Bharat Kumar Dixit vs Usha Dixit on 4 May, 2018

FAO-8025-2017 (OM) –1–


FAO-8025-2017 (OM)
Date of Decision:- 4.5.2018

Bharat Kumar Dixit … Appellant


Smt. Usha Dixit … Respondent


Present:- Mr. Ivneet Singh Pabla, Advocate for the appellant.



On account of having not cleared the arreas of maintenance

pendente lite before the lower Court as on 6.9.2017, the application filed by

the respondent-wife for dismissal of the petition for divorce filed by the

appellant-husband, was allowed and the petition was dismissed for non-

payment of interim maintenance.

Counsel for the appellant-husband has submitted that against

the arrears of maintainance of ` 50,000-60,000/- as on 6.9.2017, a sum of

` 12,000/- towards part payment of the interim maintenance had been made

on that day itself and a request was made for depositing the remaining

payment of arrears of maintenance pendente lite on next date of hearing, but

the Family Court, Faridabad has acted in haste in dismissing the petition for

divorce on account of non-payment of the remaining arrears of maintenance

pendente lite.

The appellant-husband had been directed to furnish an affdavit

if he was ready to clear all the arrears of maintenance pendente lite along

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FAO-8025-2017 (OM) –2–

with litigation expenses as determined by the lower Court, in order to get

adjudication of his claim for divorce on the grounds mentioned in his

petition for divorce, on merits.

Today, counsel for the appellant-husband has submitted on

instructions of the appellant-husband that he is incapable of clearing the

arrears of maintenance pendente lite.

We have considered the said circumstances and are of the

opinion that on account of appellant-husband having expressed inability to

pay any amount towards the arrears of maintenance pendente lite, it will not

be expedient, in the interest of justice, to entertain the present appeal.

The appeal is dismissed, however, with a liberty to the

appellant-husband to seek the revival of the appeal within a period of next

six months, in case, the entire arrears of maintenance pendente lite

calculated till 6.9.2017 are deposited in the shape of bank draft in the name

respondent-wife along with an additional amount of ` 25,000/- towards the

interim litigation expenses.

The appeal is dismissed in limine. The abovesaid liberty has

been granted to the appellant-husband only to give him a last opportunity to

seek the revival of the appeal subject to clering the arrears of maintenance

pendente lite till the date of dismissal of his petition by the lower Court.

( M.M.S. Bedi )

4.5.2018 ( Gurvinder Singh Gill)
pankaj Judge

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

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