USHA (SMT.) Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This shall dispose of the application for striking off the defence of the respondent and also the first appeal directed against order dated 30.8.1997 passed by the Additional District Judge, Faridabad. whereby application filed by the appellant for setting aside ex parte judgment and decree dated 23.4.1994 has been dismissed.

(2.) Respondent filed petition under Sec. 13 of the Hindu Marriage Act seeking dissolution of his marriage with the appellant by a decree of divorce. By an ex parte judgment and decree dated 23.4.1994 the marriage between the parties was dissolved. Appellant being aggrieved against the said judgment and decree, filed an application for setting aside the same on the ground that she had never been served in the petition under Sec. 13 of the Act as she was not residing at the address given in the petition. She further pleaded that respondent by playing fraud procured ex parte judgment and decree. Upon contest by the respondent, the learned Additional District Judge, Faridabad, dismissed the application vide impugned order dated 30.8.1997. The present first appeal is against the said order. In this appeal, on an application filed by appellant under Sec. 24 of the Hindu Marriage Act, maintenance pendente -lite at the rate of Rs. 1900/ - per month was fixed with effect from the date of application. During the pendency of the appeal, the amount towards the maintenance which became due upto October, 1998 was paid. Maintenance pendente -lite for the period after October, 1998 has not been paid. Time was given to the respondent to pay the same but despite many adjournments in this behalf, payment has not been made. In the application, prayer made is to strike off the defence of the respondent for not paying maintenance awarded by this Court. No justifiable reason has been put forth by the counsel for the respondent for not paying the maintenance and accordingly, the defence of respondent is hereby struck off. In this regard, reference may be made to judgments in Smt. Parkasho v/s. Lachhman Singh, 1977 All India Hindu Law Reporter 334 and Mst. Piaro v/s. Natha Singh, 1977 All AIR 536. The defence of respondent haying been struck off, the averment made in the application by appellant for setting aside ex -parte judgment and decree dated 23.4.1994 has gone unrebutted and therefore, the present appeal is allowed and order dated 30.8.1997 dismissing the application for setting aside the ex -parte judgment and decree dated 23.4.1994 is set aside. As a consequence thereof, petition under Sec. 13 of the Act shall stand restored for deciding the same on merits.

(3.) Appeal allowed.