CHANDRA KUMAR Vs. SMT. VIJAY LAXMI DAYMA

JUDGEMENT

(1.) While pursuing a petition under Section 13 of the Hindu Marriage Act, 1955, (for short, hereinafter referred to as 'the Act of 1955'), Mrs. Vijay Laxmi Dayma, wife of the petitioner preferred an application for maintenance pendente lite and expenses of proceedings as per the provisions of Section 24 of the Act of 1955. The application came to be accepted by the order dated 26.5.2011 (Annex.-3), but the maintenance awarded was not paid to the respondent by the' petitioners thus, by a separate application, she sought a direction to get the order executed. The Family Court after considering the application aforesaid, vide order dated 2.5.2012 forfeited the right of the petitioner to defend the divorce petition. To challenge the order dated 2.5.2012, this petition for writ is preferred.

(2.) This Court by the order dated 29.5.2012 while issuing notices of the petition for writ to respondent Mrs. Vijay Laxmi passed an interim order in the terms that "effect and operation of the impugned order dated 2.5.2012 passed by he Family Court, Bhilwara, shall remain stayed provided the petitioners deposits sum of 30,000/- towards the arrears of maintenance on or before 6.6.2012 and remaining amount of 30,000/- within a period of one month thereafter and hall continue to deposit the monthly maintenance payable."

(3.) It is submitted by learned Counsel for the petitioner that the directions given by this Court on 29.5.2012 have already been complied with by the Petitioner and further he is making payment of maintenance month by month, .earned Counsel for the petitioner further assures for regular necessary compliance of the order passed by the Court subordinate on 26.5.2011 in its letters and spirit.