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2021 Supreme(Raj) 604

SANGEET LODHA, RAMESHWAR VYAS
Rana Ram – Appellant
Versus
Payal – Respondent


Advocates appeared:
N.L. Joshi, Advocate, Kirti Pareek, Advocate, Shailendra Kala, Advocate, Anuj Kala, Advocate

JUDGMENT

Vyas, J. - 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 orde

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