FAO-M-16 of 2012 (OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
231 FAO-M-16 of 2012 (OM)
Date of Decision:- 16.2.2018
Manoj Atri … Appellant
Deepa Atri … Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Vinod Bhardwaj, Advocate, for the appellant.
Mr. Rakesh Gupta, Advocate, for the respondent.
M.M.S. BEDI, J.
Miscellaneous application CM-25514-CII-2017 is allowed.
Documents Annexure A-1 and A-2 are permitted to be taken on record.
The appellant had paid a sum of `20,000/- out of `40,000/- and
balance of `20,000/- towards litigation expenses is pending. The same has
not been paid. The maintenance pendente lite at the rate of `10,000/- per
month has also not been paid.
The appellant has made a statement, in writing, that he does not
want to pay any amount as per order of this Court dated 14.9.2017 to
respondent-Deepa Atri. Appellant further submits that as he has been
paying maintenance under Section 125 Cr.P.C. to the son, he would not pay
any maintenance pendente lite to the respondent.
The appellant, present in the Court, has been informed about
the consequences of non-compliance of the order under Section 24 of the
Hindu Marriage Act in vernacular. The appellant is adamant not to pay any
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FAO-M-16 of 2012 (OM) -2-
maintenance pendente lite or litigation expenses to the respondent.
In view of the said circumstances, the appeal cannot be
permitted to be continued. The appeal is dismissed for non-payment of the
arrears of maintenance pendente lite. The judgment and decree passed by
the lower Court granting divorce to the respondent is upheld.
( M.M.S. BEDI )
( GURVINDER SINGH GILL)
February 16, 2018 JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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