FAO No. M-20 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 15153-CII of 2009 and FAO No. M-20 of 2008 Date of decision: 16.09.2009 Mangat Ram ....Appellant Versus Anju Bala ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - None for the appellant. Mr. Simranjeet Singh, Advocate, for Mr. Arun Bansal, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) CM No. 15153-CII of 2009 This application has been moved by the respondent-wife for striking off the defence of the appellant for non-payment of maintenance pendente lite fixed by this Court. The applicant-respondent had moved an application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite and litigation expenses. The application was disposed of by passing following order: - “Learned counsel for the parties have agreed for settlement of the maintenance amount. Earlier, the applicant-wife was getting Rs.1500/- per month and now maintenance amount shall be Rs.2000/- per month which shall be effective from the date of filing of application. FAO No. M-20 of 2008 (O&M) -2- Let arrears be paid within a period of three months from today in three monthly installments. CM stands disposed of.” In the month of February, 2009, the appellant-husband sent a sum of Rs.15,000/- (Rupees fifteen thousand only) towards arrears of maintenance vide cheque representing maintenance pendente lite upto September, 2008 and thereafter, failed to pay the maintenance for a period of nine months. Vide order dated 12.11.2008, this Court directed the appellant- husband to pay arrears of maintenance within three months from the date of passing of order in three monthly instalments. The appellant failed to comply with the order passed by this Court and the respondent-wife moved an application for striking off the defence of the appellant. Notice of the application was given. In spite of service of notice, the appellant did not put in appearance and the case was adjourned to 31.8.2009. Counsel for the non-applicant-appellant appeared and sought time to file reply to the application. However, the appellant chose to be absent on the date fixed but in the interest of justice, case was adjourned to 16.9.2009 i.e. today. Today again nobody has put in appearance on behalf of the non-applicant-appellant. The averments made in the application, which are supported by an affidavit, go unrebutted. It is proved on record, that the non-applicant-appellant has failed to pay the maintenance pendente lite as fixed by this Court, therefore, in view of the settled law, the defence of the non-applicant- appellant is liable to be struck off. FAO No. M-20 of 2008 (O&M) -3- “Ordered accordingly”. C.M. allowed. FAO No. M-20 of 2008 In view of striking off the defence of the appellant, this appeal is ordered to be dismissed, but with no order as to costs. (Vinod K. Sharma) Judge September 16, 2009 R.S.