BAL KISHAN Vs. BANTO

JUDGEMENT

(1.) This appeal arises out of the petition under Sec. 13 of the Hindu Marriage Act for seeking dissolution of marriage by a decree of divorce filed on behalf of the husband Bal Kishan. The learned District Judge, Ambala, vide order dated 10-2-1984 granted a decree of divorce and dissolved the marriage. In appeal, the learned Single Judge set aside the said decree of the trial Court and dismissed the application filed by the husband in this Letters Patent Appeal, vide order dated 28-11-1985, the appellant was directed to pay Rs. 600 per month as maintenance pendente lite from 1st April, 1985, and Rs. 1,500 as litigation expenses. On the last date of hearing, that is 6th Aug., 1990 it was stated on behalf of the respondent-wife that the husband had not paid the arrears of maintenance due from him. The case was then adjourned for today for payment of arrears of maintenance. At the same time, parties were also directed to appear in person in order to find out the possibility of any compromise.

(2.) Respondent-wife is present along with her counsel. Learned counsel for the appellant states at the bar that he is not receiving any reply to his letters and, therefore, pleads no instructions nor is in a position to state whether his client has paid any arrears of maintenance or not. Under these circumstances, since the husband has failed to make the payment of arrears of maintenance, this appeal fails and is dismissed. Appeal dismissed.