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Judgments of Supreme Court of India and High Courts

Sarabjit Kaur vs Santosh Kumar on 29 April, 2019

FAO-5505-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
FAO-5505-2017 (OM)
Date of Decision:29.04.2019
*****
Sarabjit Kaur
. . . . . Appellant
Vs.
Santosh Kumar
. . . . . Respondent
*****
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
*****

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

Mr.Sarju Puri, Advocate,
for the respondent.
*****

RAKESH KUMAR JAIN, J. (ORAL)

This appeal has arisen from the judgment and decree dated

1.4.2017 by which a petition filed under Section 9 of the Hindu Marriage

Act, 1955 [for short ‘the Act’] by the appellant has been dismissed.

In brief, the marriage of the parties was solemnized as per

Hindu rites and ceremonies in the year 2000. The appellant has alleged that

her husband has withdrawn his company without any sufficient reason and

therefore, for the purpose of restitution and conjugal rights she had filed

petition under Section 9 of the Act.

During the pendency of this appeal, an application under

Section 24 of the Act was filed by the appellant-wife which was decided by

this Court on 19.3.2018 and the respondent-husband was ordered to pay

`10,000/- per month as maintenance pendente lite w.e.f. February 2018

besides litigation expenses to the tune of `30,000/-. The said order of

maintenance has not been complied with so far in its letter and spirit and

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FAO-5505-2017 -2-

therefore, the hearing of this case was deferred many times to enable the

respondent to pay the maintenance. On 26.3.2019, this Court passed the

following order: –

“Both the parties are present in Court. There
is an issue of payment of maintenance
pendente lite.

The respondent-husband has submitted that
he is ready and willing to live with the
appellant, who had been unsuccessful before
the trial Court in a petition filed by her
under Section 9 of the Hindu Marriage Act,
1955.

On the other hand, the appellant-wife has
submitted that she is ready to join the
company of the husband but she would live
in her matrimonial home at Jalandhar and
not in a rented accommodation in
Nawanshahr.

Learned counsel for the respondent has
specifically submitted that he has the
instructions to submit that the respondent
does not have any money to pay towards
maintenance.

In this situation, the only course left with the
Court is to strike off the defence of the
respondent and allow the appeal of the
appellant.

Learned counsel for the appellant prays for
an adjournment for the purpose of seeking
instructions.

Adjourned to 29.4.2019.”

Today, both the parties are present in Court but still there is a

deadlock because as according to the appellant she would not allow the

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FAO-5505-2017 -3-

respondent to live with her in a rented house as she wanted to live with him

in the matrimonial home owed by the respondent. The respondent has

submitted that he has no matrimonial home as he has been thrown out from

his home by his children and is living at the mercy of others and is also not

in a position to pay the maintenance pendente lite.

In view of the above, there is no alternative with this Court but

to strike off the defence of the respondent on account of non-payment of

maintenance pendente lite. Accordingly, the defence of the respondent is

hereby struck off and in the absence of any defence, the present appeal is

hereby allowed and the judgment and decree dated 1.4.2017 is hereby set

aside.

(RAKESH KUMAR JAIN)
JUDGE

(HARNARESH SINGH GILL)
29.04.2019 JUDGE
Vivek

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

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