IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-175 of 2011 (O&M) Date of decision: 3.6.2011 Amir Chand .. Appellant v. Indro Bai alias Indo Bai .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Dheeraj Narula, Advocate for the appellant. ... Rajesh Bindal J. The petition filed by the husband seeking divorce was dismissed by the learned court below on account of non-payment of interim maintenance. No illegality can be found with the order as such as it is settled that in case of non-payment of the amount of maintenance, the defence of a party is liable to be struck off. Even today, the appellant does not want to clear the arrears of maintenance, rather, the submission is that he4 is ready and willing to take the wife along with him. For that, as is evident from the judgment of the learned court below, there is already a decree passed in favour of the appellant under Section 9 of the Hindu Marriage Act, 1955. Accordingly, the present petition is dismissed. Consequently, the application for condonation of delay is also dismissed. (Rajesh Bindal) Judge 3.6.2011 mk