IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of Decision:08.04.2019
Rajwinder Kaur @ Rajinder Kaur
. . . . . Appellant
. . . . . 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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`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)
(HARNARESH SINGH GILL)
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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