F.A.O. No. 235-M of 2005 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 235-M of 2005 Date of decision: 28.04.2009 Sneh Lata ...Appellant Versus Raj Pal ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. O.P.Goyal, Senior Advocate with Mr. Varun Sharma, Advocate for the appellant. Mr. Sanjay Mittal, Advocate for the respondent. ***** S.D.ANAND, J. The respondent-husband filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as “the Act”) against the respondent-wife, for dissolution of their marriage by a decree of divorce, which was allowed, vide judgment and decree dated 3.6.2005, by the learned District Judge, Rewari The appellant-wife appealed against it. A Division Bench of this Court disposed of the plea under Section 24 of the Act vide order dated 6.7.2006. The wife was held entitled to interim maintenance at the rate of Rs.1500/- per month during the pendency of the appeal with effect from the date of application i.e. 22.7.2005. It was further directed by the Bench of this Court that the arrears shall be paid within a period of one month of the date of the order and that the appellant-wife shall also be paid a sum of Rs.7000/- as litigation expenses. The respondent-husband did pay up a part of the arrears of F.A.O. No. 235-M of 2005 -2- **** maintenance pendente-lite during the intervening period. However, he has not cleared up the larger part of the arrears till date. In the meantime, the wife also raised a plea that he had received lump-sum retiral benefits. That averment is not indicated to have been negatived on record. It is further apparent from the record that the respondent- husband has not been able to clear up the arrears inspite of the fact that he obtained a number of adjournments for the purpose aforementioned. It is, thus, a case of flagrant and contumacious non compliance with the orders of this Court on account of which the respondent-husband deserves to be non-suited. The respondent is, thus, held dis-entitled to defend this appeal. The appeal shall stand allowed. The petition filed by the respondent- husband before the Trial Court shall stand dismissed. The judgment and decree passed by the learned Trial Court is set aside. April 28, 2009 (S.D.Anand) Pka Judge