NIRMAL KWNAR DIDDEE Vs. VARSHA NIRMAL DIDDEE

JUDGEMENT

(1.) The first appeal arose out of a decree passed by the Additional Principal Judge of the City Civil Court, dated 5th Nov., 1982 in M. J. Petition No. 735 of 1980 filed by the wife under the Hindu Marriage Act, by which the City Civil Court granted the claim of the petitioner-wife of decree of divorce in terms of prayer (a) of the petition and also directed that the custody of the child Sidharth was given to the petitioner-wife. The wife is the original petitioner and the appellant herein. who is the husband, is a Major in the Indian Army. His monthly income a Rs. 2,700. The husband was directed to pay Rs. 600 per month to the wife as permanent alimony and Rs. 300 per month to the wife for the maintenance of the child. In all the husband was directed to pay Rs. 900 per month and the payment was to commence from 5th Nov., 1982.

(2.) This decree was challenged by the husband in this appeal. Appeal was admitted on 17th Feb., 1984 and the matter was brought before this Court for certain interim orders. It appears that in the said appeal civil application was made by the wife a prayer demanding arrears of alimony and maintenance, which the husband never paid in accordance with the order of the Court. He found convenient to remain absent. At one stage such order was made by me on 5th Sept., 1984 by which I have directed the husband to pay the arrears of Rs. 15,350 within two months and if he fails the appeal was directed to place for orders why it should not be dismissed on merits. The husband was served and he remained absent. Till Jan., 1985 he did not pay the arrears. The husband seems to have been not only negligent but deliberately at fault, in seeing that the orders of the Court which are passed by this Court are not carried out by him. It was obligatory on the husband to carry out the orders as provided by the decree itself.

(3.) The decree is passed in 1982. When the matter was called out yester- day, the husband-appellant and his Advocate Mr. More were not present. So I directed that the matter be kept for final hearing today considering that why the same should not he dismissed on merits on account of failure by the husband to comply with the orders of the court. There are two faults on the part of the husband :