MALTI Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present appeal is directed against order dated 27.2.2004 passed by the learned trial Court dismissing the application of the appellant herein under Order IX Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `Code', for short). The said application was filed for dismissal of petition for divorce filed by the respondent herein before the Ld. Addl. District Judge.

(2.) For the disposal of the present appeal, relevant facts in brief may be noted. The respondent herein had earlier in the year 2000 had filed a petition for divorce (H.M.A. 188/2000) under Section 13(I)(i) (ia) and (ib) of the Hindu Marriage Act, 1955 against the appellant. The appellant had filed an application under Section 24 of the Hindu Marriage Act, 1955 in the aforesaid petition for grant of maintenance to herself and the minor child then aged about 3-1/2 years. By order dated 19.7.2000, the respondent was directed to pay maintenance at the rate of Rs.2,000/- per month from the date of filing of the application till 19.7.2000 besides litigation expenses of Rs.2,000/-. On the same day i.e.19.7.2000 the petition for divorce filed by the respondent, being HMA No.188/2000 titled Ramesh Kumar vs. Smt. Malti was dismissed as no one appeared for the respondent and previous costs imposed by the learned Additional District Judge was not paid and tendered. The file was accordingly directed to be consigned to the record room.

(3.) The respondent did not file any application for recall/setting aside of the order dated 19.7.2000 and for restoration of this petition for divorce. The said order dated 19.7.2000 has become final between the parties.