C.R. No.7444 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7444 of 2009 Date of decision:15.12.2009 Baljit Singh .......Petitioner versus Manpreet Kaur ....Respondent Coram:- HON'BLE MR. JUSTICE L. N. MITTAL. Present: Mr. D. S. Pheruman, Advocate for the petitioner. L. N. MITTAL, J (ORAL) Baljit Singh has filed this revision petition under Article 227 of the Constitution of India challenging order dated 24.11.2009 (Annexure P-1) passed by learned Additional District Judge, Amritsar whereby defence of the petitioner herein has been struck off in divorce petition preferred against him by Manpreet Kaur-respondent herein. I have heard learned counsel for the petitioner and perused the case file. Perusal of the impugned order reveals that on 19.05.2009, the petitioner herein made statement in the trial Court that he would pay total amount of maintenance on the next date of hearing and in the event of his failure, his defence be struck off. However, thereafter he paid Rs.800/- only on 11.08.2009 out of arrears of Rs.11,000/-. Again on 17.11.2009, the petitioner herein made a statement in the trial Court that he would pay the entire C.R. No.7444 of 2009 -2- amount on the next date of hearing and in case of failure, his defence be struck off. However, the petitioner herein neither led his evidence in the trial Court nor made payment of arrears of maintenance. On the date of passing of impugned order, the arrears of maintenance amounted to Rs.14000/-. The petitioner herein did not even turn up in the trial Court on the date of the impugned order. Learned counsel for the petitioner states that the petitioner would deposit/pay the entire arrears of maintenance in the trial Court on 23.12.2009, the date fixed there, along with costs that may be imposed by this Court and the petitioner may be granted one more opportunity to lead his remaining evidence on payment of costs. Keeping in view all the circumstances, I intend to accept the aforesaid prayer of the petitioner herein on payment of heavy costs. I also intend to dispose of this petition without issuing notice to respondent so as to avoid further delay in disposal of the divorce petition and also to save the respondent from the expenses which she would have to incur for engaging counsel in the revision petition if notice is issued. Keeping in view all the circumstances, the instant revision petition is disposed of with direction that if the petitioner herein pays/deposits all the arrears of maintenance pendente lite in the trial Court on or before 23.12.2009 along with costs of Rs.5000/-, the impugned order (Annexure P-1) passed by the trial Court shall stand set aside and thereupon the petitioner shall be granted only one more opportunity for leading his remaining evidence at his own C.R. No.7444 of 2009 -3- responsibility. The petitioner would be at liberty to seek assistance of the Court for summoning any witness, but that would be no ground for seeking any more opportunity. On failure of the petitioner to pay/deposit the arrears of maintenance and costs amount as aforesaid, the instant revision petition shall be deemed to have been dismissed. ( L. N. MITTAL ) JUDGE 15.12.2009. A.Kaundal