IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of Decision: 10.09.2018
BRISH BHAN ….Appellant
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
1 of 2
::: Downloaded on – 02-10-2018 16:31:40 :::
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
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.
(ANUPINDER SINGH GREWAL)
Whether speaking/reasoned : YES/NO
Whether reportable : YES/NO
2 of 2
02-10-2018 16:31:40 :::