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2009 Supreme(P&H) 167

S.D.ANAND
Rajinder Kaur – Appellant
Versus
Kuldeep Singh – Respondent


Judgment

S.D.Anand, J.

1. The plea for annulment of marriage filed by the respondent husband was allowed by the learned Trial Court.

2. The petitioner-wife challenged that order by filing an FAO before this Court.

3. The plea under Section 24 of the Hindu Marriage Act (hereinafter referred to as "the Act") filed by the respondent-husband was allowed by a Coordinate Bench of this Court (Nirmal Singh, J.) on 9.9.2003.

4. When the amount was not paid, the appellant-wife filed Civil Misc. No. 1086-CII of 2005 to obtain an order of this Court for striking off the defence of the respondent-husband. That Civil Misc. was disposed of by a Coordinate Bench of this Court (Viney Mittal, J.) on 31.1.2006 by ordering that the ascertained arrears shall be payable within a period of one month and in case the arrears are not paid and the maintenance awarded was not paid regularly on or before 10th day of each month, the defence shall be struck off (in case of two consecutive defaults).

5. While disposing of Civil Misc. No.9562-CII of 2006 on 30.8.2006, a Coordinate Bench of this Court (Hemant Gupta, J.) held that the respondent was in continuous arrears of an amount of Rs.14,150/- and that he was li



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