LAWS(P&H)-2004-8-214

BHUPINDER SINGH Vs. BALBIR KAUR

Decided On August 04, 2004
BHUPINDER SINGH Appellant
V/S
BALBIR KAUR Respondents

JUDGEMENT

(1.) Vide order dated 9.1.2001, a Division Bench of this Court passed an order granting maintenance to the wife at the rate of Rs. 1500/- per month and also to pay Rs. 5,000/- as litigation expenses. Thereafter, the wife has filed application for direction that the husband be directed to pay the arrears of maintenance to the wife on 12.11.2003. Vide order dated 16.3.2004, the Court directed the husband-appellant to pay arrears of maintenance to the wife within two months and also to continue paying the monthly maintenance by 7th of each succeeding month. It was clearly mentioned in the said order that in the event of default, the appeal shall stand dismissed for non-prosecution. From 16th March, 2004, the period of two months has expired on 16th May, 2004 but still arrears of maintenance has admittedly not been paid.

(2.) Learned Counsel for the appellant submits that a sum of Rs. 16,000/- was paid in two instalments i.e. on 9th May, 2001 and another on 20th August, 2001. Now it is alleged that a sum of Rs. 59,500/- is due and payable on account of maintenance to the wife by the husband. It may be noticed that two payments were made by the appellant prior to the order dated 16th March, 2004. There is persistent default on behalf of the appellant in paying arrears of rent as well as monthly maintenance.

(3.) In view of the facts stated above, the defence of the appellant is struck of for non-compliance with the directions of the Court.