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Brish Bhan vs Seema Rani on 10 September, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

226 FAO-M-218-2016
Date of Decision: 10.09.2018

BRISH BHAN ….Appellant
Vs.

SEEMA RANI …Respondent

CORAM:- HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. Aminder Singh, Advocate for the appellant.

Mr. M.K. Singla, Advocate for the respondent.
*****

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

Appellant had filed a petition for decree of divorce which

was dismissed on 21.04.2016 by the lower court. Aggrieved by the

same, he has preferred this appeal.

During pendency of the appeal, he was directed to pay

maintenance pendente lite vide order dated 10.11.2017 and attempt was

also made for some amicable settlement between the parties.

Despite having been given number of opportunities, the

appellant has failed to pay the arrears of maintenance pendente lite,

which have accmmulated to sum of ` 1.55 lakh approximately. It was

made clear on 01.03.2018 that in case of non-payment of entire arrears

of maintenance pendente lite and balance of litigation expenses on

18.05.2018, the appeal would be dismissed on the next date of hearing.

However, another opportunity was granted to clear the entire arrears of

maintenance on 18.05.2018 as is apparent from the interim order and it

was clarified that appeal would be dismissed in case amount due is not

paid.

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FAO-M-218-2016 2

Today, when the appeal was taken up, it was informed by

counsel for the respondent that not even a single penny has been paid

towards the arrears of the maintenance pendente lite by the appellant.

We have considered the above said situation and are of the

opinion that the appellant, who has not cleared the entire arrears of

maintenance pendente lite despite having been granted several

opportunities, is not entitled to pursue his appeal, especially when

counsel for the appellant has informed that despite his best efforts to

persuade the appellant to clear entire arrears, he is not able to clear the

arrears. The appellant is present in the Court. He has been apprised of

the consequences of non-payment of arrears. He has expressed his

inability to pay the same.

We are left with no option except to dismiss his appeal for

non-compliance of the order for payment of maintenance pendente lite

passed under Section 24 of the Hindu Marriage Act, 1955 by the

appellant, which has, at present, accumulated to sum of ` 1.55 lakh

approximately.

Appeal is dismissed for the said reason, affirming the

judgment and decree of the lower court, with liberty to the appellant to

seek revival of the appeal within a period of one month on payment of

arrears of maintenance pendente lite and without prejudice to the rights

of the respondent to recover the arrears as per provisions of law.

(M.M.S. BEDI)
JUDGE

(ANUPINDER SINGH GREWAL)
10.09.2018. JUDGE
SwarnjitS
Whether speaking/reasoned : YES/NO
Whether reportable : YES/NO

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