KULDEEP SINGH Vs. RAJ BALA

JUDGEMENT

(1.) Kuldeep Singh has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 21.7.2010 passed by learned Additional District Judge, Rohtak to the extent striking off the defence of the petitioner on account of non-payment of maintenance pendente lite from 11.9.2008 onwards.

(2.) Respondent-wife Raj Bala has filed divorce petition against petitioner-husband. In the said petition, the husband was directed to pay maintenance pendente lite and litigation expenses vide order dated 2.5.2005 passed on application moved by the wife under Section 24 of the Hindu Marriage Act. The husband paid maintenance pendente lite till before 11.9.2008 and has not paid any amount after 11.9.2008. The wife moved application for striking off the defence of the husband for non payment of the maintenance pendente lite. The said application has been allowed by the trial court vide impugned order dated 21.7.2010 which is under challenge in the instant revision petition. Some other applications moved by petitioner-husband were also disposed of by the same order but those are not relevant for the purpose of this revision petition.

(3.) The husband alleged that the wife had performed second marriage with one Balwan Singh during the pendency of the divorce petition and she was also pregnant from loins of Balwan Singh and consequently, the husband is not liable to pay maintenance pendente lite to the wife after her re-marriage with Balwan Singh.