High CourtsDivision Bench(2006) 10 P&H CK 0053

Balwan Singh vs Shakuntla Devi

Punjab And Haryana At Chandigarh · Decided on 17 October 2006 · Citation: (2007) 1 DMC 524

HON’BLE JUDGES
Pritam Pal, J · Jasbir Singh, J
RESULT
Dismissed

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Judgment

6 paragraphs · 279 words

Jasbir Singh, J.—Appellant is the husband. He moved an application u/s 9 of the Hindu Marriage Act, 1955. During pendency of that application, he was directed to pay interim maintenance, at the rate of Rs. 1,500 per month and also Rs. 2,000 towards litigation expenses. When he. failed to make payment of the amount aforesaid, his application was dismissed vide dated May 16, 2006.

On July 10, 2006, following order was passed by this Court:

Vide order dated 23.3.2006, the appellant was directed to pay Rs. 1,500 per month to the respondent-wife by way of an interim maintenance. Rs. 2,000 were granted towards litigation expenses.

Appellant failed to deposit the above said amount and his application u/s 9 of the Hindu Marriage Act, 1955, was dismissed by the Court below on 16.5.2006. At the time of arguments, Counsel for the appellant has stated that due to financial constraints, the appellant had failed to deposit the amount awarded and now he is ready to bring half of the amount, in Court on the next date of hearing.

In view of undertaking given, notice of motion for 14.8.2006/appellant is directed to bring a demand draft of Rs. 20.000 (Rs. 15,000 towards litigation expenses in this Court), in the name of the respondent - wife on the next date of hearing, failing which his appeal shall be deemed to have been dismissed.

2.

Appellant has failed to comply with the order mentioned above. He has not paid a penny thereafter to the respondent-wife. Counsel for the respondent states that there are no chances of compromise. In view of act and conduct of the appellant, no case is made out for interference. Dismissed.