NEELAM Vs. OM PARKASH

JUDGEMENT

(1.) THE petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act was allowed by the learned District Judge, Narnaul, vide judgment and decree dated 7.3.2006. The appellant-wife filed an appeal against it.

(2.) IN appeal, this Court (vide order dated 30.10.2006) directed that the respondent-husband shall pay (to the appellant wife) a sum of Rs.1500/- per month towards maintenance pendent elite with effect from the date of the filing of the application and also pay a sum of Rs.7500/- towards litigation expenses. The amount aforementioned was ordered to be paid within one month from the date of order passed by this Court. However, the order was not complied with. Thereafter, the wife filed an application for Enhancement of the maintenance pendente lite and also for a direction to the respondent-husband to pay the litigation expenses and the arrears of maintenance pendente lite. The filing of that application was notified to the learned counsel for the respondent.The learned counsel, who appeared on behalf of the respondent, sought time to have instructions about whether the arrears of maintenance pendente lite had been paid or not. On that date i.e. 20.1.2009, this Court passed the following order:-

(3.) TODAY , none has entered appearance on behalf of the respondent. There is also nothing on record to indicate that arrears of maintenance pendente lite had been paid to the appellant wife. The present is, thus, a case of contumacious ommission on the part of the respondent in not complying with the order of this Court to pay maintenance pendente lite to the appellant-wife.