M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Family Court, Godhara in Hindu Marriage Petition No. 139 of 2010 (Old HMP No. 7 of 2010) dated 30/6/2015, by which the learned Judge has dismissed the Hindu Marriage Petition on the ground that the appellant herein - husband - original opponent has failed to pay arrears of maintenance to the respondent wife.

2. Facts leading to the present appeal, in nutshell, is as under:-

2.1. The appellant herein - husband filed Hindu Marriage Petition No. 7 of 2010 which was subsequently renumbered as Hindu Marriage Petition No. 139 of 2010 on the file of the learned Family court, Godhara for the decree of divorce - dissolution of marriage under section 13(1)(A) of the Hindu Marriage Act.

2.2. It appears that there was some order passed by the learned Family Court below application Ex. 33 awarding/granting interim maintenance to the wife and by order dated 21/2/2014, the learned Family court has awarded Rs. 15,000/- per month to the wife towards interim maintenance.

2.3. It appears that, according to the wife, the appellant herein - husband did not clear arrears of interim maintenance and the amount due and payable towards the interim maintenance has not been paid and therefore, the respondent herein - wife submitted application Ex. 46 requesting to pass appropriate order striking off the defence against the husband.

2.4. On the said application, the learned judge has passed the impugned order straightway dismissing the Hindu Marriage Petition on the ground that the appellant herein - husband has failed to make payment of interim maintenance as per order passed below application Ex. 33.

2.5. Feeling aggrieved and dissatisfied with the impugned order dismissing the Hindu Marriage Petition, the appellant herein - husband has preferred the present First Appeal.

3. Ms. Dharitri Pancholi, the learned advocate appearing on behalf of the appellant herein - husband has vehemently submitted that as such, before dismissing the Hindu Marriage Petition on the ground that the appellant has not paid the interim maintenance as per the order passed below application Ex. 33, no opportunity has been given to the appellant husband asking that on failure to clear the arrears of maintenance, Hindu Marriage Petition shall be dismissed.

3.1. Ms. Dharitri Pancholi, the learned advocate appearing on behalf of the appellant herein - husband has further submitted that even otherwise the impugned order passed by the learned Family Court is even beyond the relief sought by the respondent herein - wife in the application Ex. 46. It is submitted that, as such, in the application Ex. 46, relief sought by the respondent herein - wife was to strike off the defence. It is submitted that despite the above, the learned Family Court has passed the impugned order dismissing the Hindu Marriage Petition, though the same was not even prayed by the respondent wife.

3.2. Ms. Dharitri Pancholi, the learned advocate appearing on behalf of the appellant herein - husband has further submitted that, as such, according to the appellant husband, amount due and payable towards the interim maintenance has been paid and as such there is a serious dispute with respect to entitlement of the interim maintenance, more particularly from which date.

4. Present appeal is vehemently opposed by Mr. Shasvat Shukal, learned advocate appearing on behalf of the petitioner respondent herein - wife.

4.1. Mr. Shasvat Shukal, learned advocate appearing on behalf of the respondent - wife has vehemently submitted that in the facts and circumstances of the case, more particularly when it has been observed and fond by the learned Family Court that the appellant husband has failed to make payment of entire amount of interim maintenance and thereafter when the respondent wife submitted application Ex. 46, the learned Family Court has not committed any error in dismissing the main Hindu Marriage Petition. It