KUPIL DEV AGGARWAL Vs. RAJNI

JUDGEMENT

(1.) This is a civil revision and has been directed against the order dated 1.6.1999 passed by the Addl. Distt. Judge, Chandigarh who struck off the defence of the petitioner and further held that the written statement filed by him and the evidence produced by him shall not he considered. It was also observed by the trial court that the petitioner shall not be entitled to plead his case before the court either by appearing in person or through counsel.

(2.) The marriage between the petitioner and his wife Rajni took place on 14.4.1993 as per Hindu riles at Chandigarh. The differences arose between the parties and Rajni filed a petition for grant of divorce u/s 13 of the Hindu Marriage Act on 9.1.1996. It is also stated ai the Bar by the counsel for the petitioner that Rajni earlier filed an application u/s 24 of the Act on 9.1.1996 and she withdrew that application, which was dismissed as withdrawn on 3.8.1996. She also filed one application u/s 125, Cr.P.C., which was also dismissed as withdrawn on 10.8.1996. Subsequently she further filed a petition u/s 24 of the Act before the court of the learned Addl. Distt. Judge, Chandigarh, who granted the maintenance pendente lite @ Rs. 4,000/ -per month, which was reduced to Rs. 3,500/ - by the High Court in revision. Apart from that, litigation expenses amounting to Rs. 12,000/ - were granted to the wife. It is also stated at the Bar by the counsel for the petitioner that against the order granting maintenance pendente lite and litigation expenses, the petitioner has also filed one application for modification of the order, which is also pending before the court of the Addl. Distt. Judge.

(3.) It is the common case of the parties that compliance of the order dated 30.9.1998, passed by the court of the learned Addl. Distt. Judge, Chandigarh, as modified by the High Court, has not been made by the petitioner who is a defaulter to the extent of Rs. 22,500/ - as on 21.5.1999.