Civil Revision No. 4603 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4603 of 2008 (O&M) Date of decision: 21.07.2009 Jatinder Pal Singh ....Petitioner Versus Harjeet Kaur ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. P.K. Kataria, Advocate, for the petitioner. Mr. Abhishek Sethi, Advocate, for the respondent. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 16775-CII of 2008 Allowed as prayed for. C.R. No. 4603 of 2008 This revision petition is directed against the order dated 26.7.2008 passed by the learned Additional District Judge, Panipat, which reads as under: - “Payment of arrears of interim maintenance not made. On the last date of hearing it had been specifically ordered that in case the respondent failed to make Civil Revision No. 4603 of 2008 (O&M) -2- payment of arrears of maintenance allowance of the next date his defence shall be liable to be struck of. Since, today the respondent has not made any payment towards maintenance allowance his defence is struck of. Now, to come up on 30.8.2008 for evidence of petitioner.” The learned counsel for the petitioner states, that though the petitioner had not paid the maintenance, but it was on account of financial constraints that he was not in a position to pay. However, subsequent maintenance till May, 2009 has been paid. The learned counsel for the petitioner has undertaken, on behalf of the petitioner, that he would pay the remaining maintenance on 1.8.2009 i.e. the date fixed before the learned Matrimonial Court. In view of the fact, that it was on account of the reasons beyond the control of the petitioner that the maintenance could not be paid, and further in the interest of justice, the impugned order is set aside and the petitioner is given liberty to contest the case on merits in accordance with law, after payment of maintenance as undertaken. The respondent shall, however, be entitled to costs of this revision, which are assessed at Rs.5,000/- (Rupees five thousand only), as the respondent has been dragged to this Court for no fault of her. Revision allowed. (Vinod K. Sharma) Judge July 21, 2009 R.S.