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Tejinder Kaur vs Rattandeep Singh on 19 April, 2017


CR No.2701 of 2017 (OM)
Date of decision: April 19, 2017

Tejinder Kaur ….Petitioner


Rattandeep Singh ….Respondent


Present: Mr. Vaibhav Sehgal, Advocate
for the petitioner.


By virtue of the instant petition preferred under Article 227 of

Constitution of India, petitioner has sought setting aside of the order dated

22nd March, 2017 (Annexure P-8) passed by Additional District Judge,

Ludhiana whereby petition under Section 13 of Hindu Marriage Act (for

brevity ‘Act’ only), has been adjourned for 21st April, 2017 with direction to

the petitioner to file written statement without getting implemented its

previous orders for strucking off the defence on account of non-payment of

the maintenance pendente lite awarded by the trial Court while disposing an

application under Section 24 of the Act.

A perusal of the various interim orders passed by the trial Court

reveals that the respondent-husband was directed to make the payment of

arrears of the maintenance pendente lite and in the event of his failure to

make the payment, the petition was to be disposed of summarily on account

of non-payment of arrears of maintenance but subsequently, on 22nd March,

2017, the respondent came forward and tendered a sum of Rs.40,000/- in

cash and four account payee cheques of Rs.12,500/- each, but the petitioner-

wife refused to accept the same.

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CR No.2701 of 2017 (OM) -2-

The contention of learned counsel for the petitioner is that the

direction for filing the written statement is contrary to the settled cannons of

law because no direction can be given until and unless arrears of

maintenance pendente lite are cleared by the husband.

Instant petition is disposed of with direction to the trial Court to

first dispose of the application on merits after hearing both the parties with

regard to dismissing of divorce petition on account of non-payment of the

arrears of the maintenance which are still outstanding against the

respondent-husband. However, he be afforded only single opportunity to

make the payment for a period of two or three weeks maximum for

clearance of the maintenance pendente lite and litigation expenses

outstanding till the date fixed by the trial Court and in case the payment is

not made, then pass an appropriate order in accordance with law.

Meanwhile, filing of the written statement in view of impugned

order dated 4th March, 2017 shall remain stayed.

Since this order has been passed in the absence of respondent,

if he feels so aggrieved, he shall be at liberty to approach this Court

April 19, 2017 (JASPAL SINGH)
m. sharma JUDGE

Whether Speaking/Reasoned Yes/No

Whether Reportable Yes/No

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