SWATI KAUSHIK Vs. ASHWANI SHARMA

JUDGEMENT

(1.) In proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'PWDV Act'), trial court vide order of 2nd March, 2017, has dismissed petitioner's application for striking off respondent's defence by observing that non-payment of maintenance/arrears of maintenance cannot be a ground to do so.

(2.) Appellate Court vide impugned order of 14th July, 2017, has rightly observed that the defence can be struck down in proceedings under the aforesaid Act, as counsel for respondent had submitted that respondent is in arrears of Rs.9,00,000/-approximately till the passing of the impugned order. Appellate Court in the impugned order has evolved equitable solution, which is as under :

(3.) Learned counsel for petitioner-wife submits that the arrangement worked out by the Appellate Court, as reflected in paragraph no. 12 of the impugned order, is in respect of the undertaking given by respondent-husband on 30th June, 2015 for payment of 50% of arrears of interim maintenance and handing over the car to petitioner-wife. It is next submitted that this arrangement has not been made to operate during the pendency of the proceedings under the Protection of Women from Domestic Violence Act, 2005. It is further submitted that respondent is in arrears of Rs.12,50,000/- and even if this arrangement, as reflected in paragraph no. 12 of the impugned order, is made to work, still, it will take a long time to recover the arrears of maintenance and so, it is a fit case to strike off the defence of respondent because he is a chronic defaulter.