KULDIP SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) The appellant-petitioner had filed a petition for divorce in the trial Court, but the same was dismissed on 5-12-1987. Against this judgment, the present appeal was filed.

(2.) This Court vide order dated 13-5-1988 had granted to respondent-wife a sum of Rs. 1000/- towards litigation expenses and Rs. 300/- per month as maintenance pendente lite (during litigation). A miscellaneous application was filed on behalf of the respondent-wife that arrears of maintenance since December, 1990 had not been paid by the appellant (husband). I had ordered on 16-12-1991 that the Main appeal itself be heard on 17-1-1992 and the parties through their counsel were also directed to be present in the Court so that efforts could be made to amicably settle the matter. It was further observed that arrears of maintenance be paid by the husband to the wife on or before said date i.e. 17-1-1992, and in case arrears are not paid the appeal itself shall be dismissed.

(3.) On 17-1-1992, none of the parties were present and the case was, therefore, not taken up on that day and is being taken up today. Parties are not even present today. Counsel for the respondent says that the arrears of the maintenance since December, 1990 till today have not been paid by the husband and in view of my order dated 16-12-1991, the appeal should be dismissed. Counsel for the appellant (husband) is not in a position to refute this submission of the learned counsel for the respondent that no arrears have been paid. Consequently, in view of my order dated 16-12-1991, the appeal itself is dismissed without any order as to costs.