FAO No.271-M of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.271-M of 2008 (O&M) Date of decision: 24.10.2009 Smt.Saroj Bala ..Appellant Versus Shri Bhagwan alias Bhagwan ...Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present:- Mr.R.S.Mittal, Sr. Advocate, with Mr.Atul Gaur, Advocate, for the appellant. Mr.M.K.Sangwan, Advocate, for the respondent. --- VINOD K. SHARMA,J. (Oral) CM No.24431-CII of 2009 This application has been moved by the applicant/appellant wife for striking of the defence of the respondent/husband on account of non-payment of maintenance pendente lite and litigation expenses. It has been averred in the application that the parties were FAO No.271-M of 2008 2 married in the year 1992 and a daughter named Sheetal who is a student of 10 + 1 (Non-medical) and a son named Aman who is student of 8th Class were born out of the said wed-lock. The respondent was a regular constable in Delhi Police who maltreated the appellant/wife, as a result of which she had to leave the matrimonial home to reside with her parents. The respondent/husband besides the income from salary also owned agricultural land and after termination of service was in receipt of gratuity, Provident Fund etc. The petition filed under section 125 of the Code of criminal Procedure by wife was accepted wherein maintenance was granted to the appellant/wife at Rs.2000/- (Rupees two thousand only) per month and Rs.1250/- (Rupees one thousand two hundred and fifty only) to each of minor children. The respondent chose not to pay the maintenance fixed for which he was jailed for a period of 23 months and also lost his job as constable. In the application moved under section 24 of the Hindu Marriage Act, this court vide order dated 20.8.2009 fixed the litigation expenses as Rs.11000/- (Rupees eleven thousand) and maintenance pendente lite at the rate of Rs.5000/- (Rupees five thousand only) for the appellant and for 2 minor children. In spite of specific directions by this court respondent chose not to appear in the court on the date fixed nor paid the litigation expenses and maintenance pendente lite. Learned counsel appearing on behalf of the respondent could not dispute the averments that the respondent/husband has failed to pay the FAO No.271-M of 2008 3 maintenance pendente lite and litigation expenses fixed by this court. The respondent further has not shown any intention to pay the maintenance fixed by this court. Consequently, there is no other alternative with this court but to accept the application and strike off the defence of the respondent/husband. Ordered accordingly. FAO No.271-M of 2008 In view of the order passed in CM No.24431-CII of 2009 defence of the respondent is ordered to be struck off. Consequently this appeal is allowed. The judgment and decree passed by the leaned matrimonial court is ordered to be set aside and the petition filed by the respondent/husband under section 13(1)(ia) (ib) of the Hindu Marriage Act is ordered to be dismissed but with no order as to costs. The appellant if so advised would be at liberty to execute the order passed under section 24 of the Hindu Marriage Act. (Vinod K.Sharma) 24.10.2009 Judge rp