SOMWATI Vs. VED PARKASH

JUDGEMENT

(1.) This appeal has arisen from the judgment and decree dtd. 17/9/2015 by which a petition filed under Sec. 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] by the appellant-wife against her husband for dissolution of their marriage on the ground of cruelty was dismissed.

(2.) This appeal was admitted on 12/1/2016. Thereafter, two applications bearing CMM No. 140 of 2016 and CMM No. 83 of 2016 under Sec. 24 of the Act were filed. CMM No. 140 of 2016, filed by the respondent/husband, was dismissed and CMM No. 83 of 2016, filed by the appellant/wife, was allowed by this Court vide order dtd. 12/12/2017 by which the amount of Rs.3000.00 per month was awarded to the appellant towards maintenance pendente lite to be paid by the respondent-husband w.e.f. April, 2016 after adjusting the sum of Rs.2000.00 which was independently awarded to the minor child. The respondent/husband did not pay the said amount rather he was proceeded against ex parte on 30/5/2018. In view of the said order, the following order was passed on 25/7/2018: -

(3.) Thereafter the case has been adjourned many times on the request of the counsel for the parties and for the purpose of compliance of the order dtd. 25/7/2018 but the respondent, who has put in appearance today along with his counsel, has submitted that he has no money to pay in compliance of the order dtd. 12/12/2017. In such circumstance, there is no alternative with us but to strike off the defence of the respondent/husband.