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Rajwinder Kaur @ Rajinder Kaur vs Kulwant Singh on 8 April, 2019

FAO-M-439-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
FAO-M-439-2015 (OM)
Date of Decision:08.04.2019
*****
Rajwinder Kaur @ Rajinder Kaur
. . . . . Appellant
Vs.
Kulwant Singh
. . . . . Respondent
*****
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
*****

Present: – Ms.Sukhpreet Kaur, Advocate,
for the appellant.

None for the respondent.

*****

RAKESH KUMAR JAIN, J. (ORAL)

This appeal has arisen from the judgment and decree dated

25.9.2015 by which a petition filed under Section 13 of the Hindu Marriage

Act, 1955 [for short ‘the Act’] by the respondent-husband for seeking

dissolution of his marriage with the appellant-wife has been allowed.

In brief, the marriage of the parties was solemnized at

Kapurthala on 14.12.1987. They were blessed with one daughter, namely,

Daljit Kaur, who has unfortunately died within the period of 2 years of her

birth. The respondent-husband had filed the petition under Section 13 of the

Act on the ground of cruelty and desertion which has been allowed by the

learned trial Court.

During the pendency of this appeal, an application filed by the

appellant-wife under Section 24 of the Act was allowed on 07.02.2018 and

the respondent-husband was directed to pay `7000/- per month towards

maintenance pendente lite w.e.f. April 2017 along with litigation expenses of

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FAO-M-439-2015 -2-

`25,000/-. The said order has not been complied with so far. As a matter of

fact, the respondent stopped appearing and was proceeded against ex parte

vide order dated 30.5.2018 and since the amount of arrears of maintenance

was not paid despite opportunity was given repeatedly to the respondent-

husband, his defence was struck off on 06.12.2018.

Learned counsel for the appellant has submitted that the

defence of the respondent has been struck off which has not been challenged

before any Court, therefore, the present appeal may be allowed and

judgement and decree dated 25.9.2015 passed in the petition filed by the

respondent-husband before the Court below under Section 13 of the Act may

be set aside.

Keeping in view the aforesaid facts and circumstances, much

less the fact that the defence of the appellant has already been struck off by

this Court, the present appeal is allowed and the impugned judgment and

decree dated 25.9.2015 is hereby set aside.

(RAKESH KUMAR JAIN)
JUDGE

(HARNARESH SINGH GILL)
08.04.2019 JUDGE
Vivek

Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No

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