KUNA JANARDHANA Vs. ASHWINI SAYE NARASAPPA

JUDGEMENT

(1.) Delay of 71 days in filing the appeal is condoned.

(2.) This appeal is filed under Sec. 19(1) of the Family Courts Act, calling in question the impugned order dtd. 17/6/2019 passed by the Principal Judge, Family Court, Ballari in M.C.No.2/2018.

(3.) The appellant herein had filed a petition seeking divorce, under Sec. 13(1)(1a)(1b) of the Hindu Marriage Act. During the course of the proceedings before the trial court, an application seems to have been filed by the respondent in I.A.No.5 seeking interim maintenance. The said application was allowed by order dtd. 21/6/2018 directing the appellant herein to pay Rs.8,000.00 p.m. towards interim maintenance and to pay Rs.20,000.00 towards litigation expenses along with Rs.500.00 as travel expenses. Although the order was passed on 21/6/2018 on I.A.No.5, nevertheless, it was found that the appellant was in arrears of payment of interim maintenance to an extent of Rs.44,500.00. The trial court noticed that in spite of giving several opportunities to the appellant, he did not comply with the directions issued by the trial court. Accordingly, the petition itself was dismissed by the impugned order.