SANJAY NARAIN Vs. MONIKA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the order dated 21st of August, 2007 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 4690 of 2005 by which, the High Court had dismissed the said revision case on account of failure of the appellant/husband to pay the wife/respondent a sum of Rs. 2,00,000/- (Rupees Two Lakhs) as directed by the Court earlier. In our view, the High Court was not justified in rejecting the said revision case without going into the merits of the case and only on the ground that since the payment of maintenance of Rs.2,00,000/- (Rupees Two Lakhs) as directed earlier was not deposited, the Civil Revision case must be dismissed.

(3.) It was brought to our notice that the appellant/husband was liable to pay maintenance from 26th of March, 2003 till the month of September, 2008, which comes to Rs.4,62,000/-, out of which, a sum of Rs. 1,86,000/- has already been paid by the husband to the wife. This figure of Rs. 4,62,000/- for the aforesaid period has been calculated at the rate of Rs. 7000/- per month payable by the husband to the wife. On 8th of September, 2008, when the matter was called on for hearing, a Bank Draft of Rs. 2,00,000/- (Rupees Two Lakhs) was handed over by the learned counsel appearing for the appellant/husband to the respondent/wife, which has been accepted by the respondent/wife, who was personally present in Court.