SAPNA SABHARWAL Vs. SUMEET SABHARWAL

JUDGEMENT

(1.) THE wife (petitioner herein) had filed a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 for grant of divorce. During the pendency of this petition, she also made an application under Section 24 of HMA for awarding maintenance pendente lite. This application was allowed and the Court fixed an interim maintenance. The husband (respondent herein) failed to pay this maintenance and the wife made an application that her petition for divorce be adjourned sine die, which was dismissed by impugned order.

(2.) THE trial court observed that if the husband had failed to pay the maintenance, as awarded under Section 24, the defence of the husband has to be sruck off and the petition cannot be adjourned sine die. The trial court, therefore, struck off the defence of the husband and directed the petitioner to lead evidence by way of affidavit.

(3.) COUNSEL for the petitioner argued that the trial court should have adjourned the petition sine die. He relied upon Gaurav Sondhi v. Diya Sondhi 120 (2005) DLT 426; Anuradha v. Santosh AIR 1976 Delhi 246; Ghasiram Das v. Srimati Arundhati Das and another AIR 1994 Orissa 15; Bani v. Parkash Singh AIR 1996 Punjab and Haryana 175.