RANA RAM Vs. PAYAL

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband against the order dated 27.03.2019 passed by Family Court No.1, Jodhpur in Civil Original Case No. 271/2018, whereby, the petition under Section 13 of the Hindu Marriage Act, 1955 ('afterwards referred as 'HM Act') filed by the appellant-husband has been dismissed on the ground of alleged non-compliance of the order passed under Sections 24 and 26 of the HM Act.

(2.) Brief facts of the case are that during the pendency of the petition under Section 13 of the HM Act filed by appellant-husband against respondent-wife, an order dated 16.10.2014 under Section 24 read with Section 26 of the HM Act was passed in favour of respondent-wife awarding Rs.5,000/- per month as interim maintenance, Rs.3,000/- as legal expenses and Rs.2,500/- as advocate fees. An application was preferred by respondent-wife for dismissal of petition under Section 13 of the HM Act on the ground that out of Rs. 2,25,000/- outstanding towards the interim maintenance, only Rs.2,000/- has been paid upto 18.08.2017. On the said application, the appellant-husband was directed to pay remaining arrears within a period of three months from the date of order i.e. 20.07.2017; it was further directed by the Court that on failure of paying the arrears within the stipulated period, the divorce petition under Section 13 of the HM Act shall be dismissed. On 24.10.2018 three cheques of Rs.30,000/-, Rs.40,000/- and Rs.35,000/- were given to respondent-wife and proceedings were adjourned for payment of rest of the arrears. On 27.03.2019 the divorce petition was dismissed on account of non-compliance of order passed under Section 24 read with Section 26 of the HM Act.

(3.) Being aggrieved by the impugned order this appeal has been filed by the appellant-husband.