FAO No. M-177 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. M-177 of 2008 (O&M) Date of Decision : 23.11.2009 Ravinder Singh .......... Appellant Versus Smt. Jatinder Kaur ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Ms. Aarti Gupta, Advocate for the appellant. Mr. Vivek Rattan, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) This is husband's appeal against the judgment and decree passed by the learned Addl. District Judge, Sangrur vide which petition filed by the appellant for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act, 1955 was ordered to be dismissed. This Court on an application moved by the respondent / wife ordered the appellant to pay maintenance pendente lite @ Rs. 1,000/- (Rupees one thousand only ) per month, with an additional amount of Rs. 5,000/- ( Rupees five thousand only ) as litigation expenses. The maintenance was directed to be paid w.e.f. 1.1.2006. The appellant failed to pay the maintenance pendente lite, and the respondent wife moved an application for striking off the defence of the FAO No. M-177 of 2008 2 appellant for not making the payment of maintenance pendente lite, fixed by this Court. Vide order dated 15.7.2008, the defence of the appellant was ordered to be struck off. The order passed by this Court reads as under :- “Counsel for the applicant-wife draws my attention towards the order dated 20th February, 2006 whereby this court had directed the appellant-husband to pay maintenance amount of Rs. 1000/- per month to the wife and this was to be payable w.e.f. Ist January, 2006. A sum of Rs. 5000/- was directed to be paid as litigation expenses. The court had further directed the appellant to clear the arrears of maintenance and litigation expenses within a period of two months from the date of order. It was further directed that the future maintenance shall be paid regularly by the husband by 10th of each month. The application has now been filed by the non- applicant / wife that the husband has not paid any maintenance] amount as directed by this court. Litigation expenses as ordered, has also not been paid. The notice of the application was issued. Service is complete. On 30th April, 2008 Mr. Pankaj Sharma had appeared for Mrs. Aarti Gupta. Today no one is present. The maintenance amount as well as litigation expenses has not been paid. The only consequence would be strike the defence of the appellant/non-applicant in this case. This is accordingly ordered. All defences available to the appellant/non-applicant in the first appeal shall be struck off and the necessary FAO No. M-177 of 2008 3 consequence thereof should follow. Let appeal be set down for hearing on 09.09.2008 and the present application is disposed of.” In view of the order passed by this Court, referred to above, i.e. striking off the defence of the appellant, this appeal is dismissed and the decree passed by the learned Addl. District Judge, Sangrur is upheld. No costs. This order shall, however, not debar the respondent / wife to execute the order of maintenance pendente lite, if so advised, in accordance with law. 23.11.2009 ( VINOD K. SHARMA ) 'sp' JUDGE