FAO No. M- 41 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.M-41 of 2010 (O&M) Date of Decision: 20.04.2011 Sushil Kumar ...Appellant Versus Smt. Mohinder alias Kiran .....Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: None for the appellant. Mr. R.P.S. Ahluwalia, Advocate for the respondent. ..... RAJESH BINDAL, J. The husband is in the appeal against the dismissal of his petition for divorce by the learned court below. The marriage between the parties was solemnized on 3.6.1996. A female child was born on 2.3.1997. Since November, 1996, the parties are living separately. Divorce petition was filed on 19.04.2008. Notice of motion was issued on 29.01.2010. On 29.04.2010, on account of non-appearance of the counsel for the appellant, appeal was dismissed for non-prosecution. Application for restoration was allowed on 11.08.2010 subject to payment of ` 2,000/- as cost, which as per the record was deposited by the appellant in this court vide receipt No.752 dated 5.10.2010. On March 3, 2011, parties were directed to appear in person in court. To explore the possibility of amicable settlement, parties appeared in person on 07.03.2011, when in the presence of the both the parties following order was passed:- “Parties are present in person in court. Learned counsel for the respondent submitted that for the last 15 years, the parties are residing separate. There are no FAO No. M- 41 of 2010 2 chances of settlement even if the matter is sent to the Mediation & Conciliation Centre in this court. He further submitted that on 11.02.2011, Judicial Magistrate Ist Class, Ambala City had issued bailable warrants against the appellant for clearance of the arrears of maintenance as he failed to the amount in spite of 4-5 opportunities. Learned counsel for the appellant submitted that the appellant will appear on the next date of hearing in the court below and clear the amount of maintenance payable to the respondent-wife. The amount shall be paid by way of a demand draft in the name of the respondent-wife. Adjourned to 20.04.2011.” Today, the case was taken up thrice, but the counsel for the appellant was not available. Learned counsel for the respondent submitted that even though it was undertaken by the learned counsel for the appellant on the last date of hearing that the appellant will clear the amount of arrears of maintenance. However, till date nothing has been paid. He further submitted that on 24.03.2011, before the court below neither the appellant appeared nor any amount of arrears of maintenance was paid, as undertaken by the counsel for the appellant before this court. Under these circumstances, learned court below directed for issuance of conditional warrants of arrest for recovery of arrears of maintenance. Seeing the conduct of the appellant and also non-appearance of his counsel, the appeal is dismissed for non-prosecution. The amount of ` 2,000/- deposited as cost by the appellant in this court vide receipt No.752 dated 5.10.2010 be paid by way of demand draft in the name of Smt. Mohinder Kaur D/o Shri Attar Chand Kapoor, payable at Ambala City. (RAJESH BINDAL) JUDGE 20.04.2011 FAO No. M- 41 of 2010 3 sharmila