Kumar Prince vs Smt. Pushpa

D.B.Civil Misc. Application No.1688/2017 :

There is a delay of 83 days in filing the appeal. For the reasons stated in the application seeking delay to be condoned, the same is condoned.

The application is allowed.

D.B. Civil Miscellaneous Appeal No. 4334 / 2017:

The appellant was not complying with an order passed in favour of the respondent granting interim maintenance under Section 24 of the Hindu Marriage Act, 1955. As a consequence thereof, in the absence of the appellant petition seeking decree for divorce filed by the appellant has been dismissed.

Now, for not complying with the order under Section 24 of the Hindu Marriage Act, 1955 petition seeking divorce requires to be adjourned sine die till compliance is made but cannot be dismissed.

Learned Counsel for the respondent states that the impugned order is a composite order noting non-appearance as one reason to dismiss the petition and non-compliance with the order under Section 24 of the Hindu Marriage Act, 1955 as the second reason.

In the appeal it is stated that the order directing maintenance to be paid is an illegal order. The legality of the said order cannot be gone into by this Court for the reason the appellant has not challenged the same.

In that view of the matter, we declare that the impugned order insofar it proceeds to dismiss the petition for noncompliance of the order of the interim maintenance is set aside on said reasoning. However, as regards non-appearance being the reason for dismissal, the appellant would have to file an application before the trial Judge showing good cause for nonappearing on said date.

If such an application is filed, the same shall be decided by the learned Judge only after the appellant complies with the order passed directing the appellant to pay maintenance to the wife.

The appeal is disposed of.