IN THE HIGH COURT OF PUNJAB AND HARYANA
Decided on: February 20, 2018.
Sunil …. Appllant
Sonu ….. Respondent
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Mukesh Yadav, Advocate, for the appellant.
None for the respondent.
M.M.S. BEDI, J (ORAL)
Appellant-husband Sunil filed a petition for divorce against the
respondent-wife. During pendency of the petition, an application under
Section 24 of the Hindu Marriage Act was filed by the respondent-wife
which was allowed on 03.01.2014 but on account of non-payment of the
arrears of maintenance calculated @ Rs.2000/- per month with effect from
the date of application and litigation expenses of Rs.5000/-, the petition was
dismissed on 19.03.2015.
It is not out of place to observe here that on 29.07.2015 a bank
draft of Rs.43,000/- being litigation expenses of Rs.25,000/- and
Rs.18,000/- towards the arrears of maintenance was deposited with this
Court and thereafter notice of motion was issued to the respondent-wife.
Attempts made for bringing about reconciliation by the
Mediation and Conciliation Centre of this Court, were not fruitful.
We are of the opinion that on account of default of non-
payment of the arrears of maintenance pendente lite and litigation expenses,
impugned order dated 19.03.2015 was passed as a penalty measure in
accordance with law. The said order is though perfectly legal but at the
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same time, deprives the appellant an opportunity to seek adjudication of the
petition on merits.
The respondent has opted not to appear today.
Since the act of default having been made good subsequently,
an opportunity can be granted to the appellant to seek adjudication of his
petition under Section 13 of the Hindu Marriage Act by imposing a
condition on him that in case the appellant appears before the Family Court,
Narnaul on or before 31.03.2018 by depositing the entire arrears of
maintenance pendente lite calculated @ Rs.2000/- per month till March,
2018 after adjusting the amount already deposited along with costs of
Rs.10,000/- his petition for divorce will be taken up for hearing from the
stage as was prevailing on 19.03.2015.
The appeal is allowed in the aforesaid manner.
Both the parties shall appear before the lower Court on
31.03.2018 for further proceedings subject to the above said condition.
It is made clear that in case the order passed by this Court is not
complied with by 07.04.2018, this petition will be deemed to have been
February 20, 2018. (GURVINDER SINGH GILL)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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