FAO-8025-2017 (OM) –1–
IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision:- 4.5.2018
Bharat Kumar Dixit … Appellant
Smt. Usha Dixit … Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Ivneet Singh Pabla, Advocate for the appellant.
M.M.S. BEDI, J.
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
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)
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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