NEELAM Vs. MUKESH KUMAR

JUDGEMENT

(1.) This appeal has arisen from the judgment and decree dtd. 30/9/2015, by which petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the "Act ") for seeking dissolution of his marriage by a decree of divorce was allowed.

(2.) In brief, the marriage of the appellant was solemnized with the respondent on 10/2/2007 as per Hindu rites and ceremonies. They were blessed with a daughter. It is alleged that the appellant-wife deserted the respondent-husband on 5/3/2009 and also treated him with cruelty, therefore, a petition was filed by the respondent-husband under Sec. 13 of the Act for seeking dissolution of his marriage by a decree of divorce. The appellant had allegedly appeared through her counsel before the Family Court but did not file the reply and also stopped appearing, therefore, she was proceeded against ex-parte vide order dtd. 17/9/2015. The Family Court, after recording the ex-parte evidence of the respondent-husband, granted him the decree of divorce on 30/9/2015. Aggrieved against the said judgment and decree dtd. 30/9/2015, the present appeal was filed in which, after notice, the respondent was asked to pay Rs.25,000.00 towards interim litigation expenses to the appellant-wife, which was paid by him on 3/4/2018. The appellant had filed an application bearing CMM-100-2017 under Sec. 24 of the Act qua maintenance pendente lite and litigation expenses. The said application was allowed vide order dtd. 4/5/2018, after contest, and the respondent-husband was directed to pay the maintenance pendente lite @ Rs.6,000.00 per month with effect from the date of application i.e. July, 2017 and Rs.30,000.00 towards litigation expenses, out of which Rs.25,000.00, already paid as interim maintenance, was ordered to be adjusted. The case was then adjourned to 17/8/2018 for the payment of entire amount of arrears of maintenance pendente lite calculated upto 31/8/2018 and litigation expenses.

(3.) The case was also referred for mediation in order to explore the possibilities of a compromise. The appellant had given the calculation of the amount due towards the maintenance pendente lite and litigation expenses, which was of Rs.88,323.00, but the respondent-husband did not pay the amount and on 29/11/2018, besides giving him last opportunity, it was made clear that if the aforesaid amount is not paid on the next date of hearing, then the appeal shall be allowed by striking of his defence. Thereafter, on 17/12/2018, on the request of the counsel for the respondent, the case was adjourned to 26/2/2019 and the respondent was directed to bring the amount of maintenance pendente lite on the adjourned date. On the adjourned date, i.e. 26/2/2019, counsel for the respondent was not present and the case was adjourned for today in the interest of justice.