IMPORTANT POINT
Maintenance – Non-payment of interim maintenance-It would amount to wrong within meaning of section 23 of HMA, disentitling the said spouse the reliefs claimed under the H.M. Act.
Maintenance – Non-payment of interim maintenance – Resort to section 151 CPC for enforcement of order passed under section 24 of HMA can be taken

AUGUSTINE GEORGE MASIH, J.

1. Petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage was filed by the petitioner-husband Kirpal Singh (respondent herein) for passing a decree of divorce on the ground that the respondent-wife Nirmal Kaur(appellant herein) was a quarrelsome, rude, uncaring and cruel lady, who not only used abusive language against the petitioner, his mother and other family members but tortured the two sons who were born out of the wedlock. Cruelty was primarily pressed into service as a ground for grant of decree of divorce. After trial, petition was allowed and a decree of divorce was passed by the Additional District Judge, Patiala on 20.01.2014. Aggrieved by the said judgment and decree, the present appeal has been preferred by the wife Nirmal Kaur.

2. During the pendency of the appeal, an application under Section 24 of the Hindu Marriage Act was filed by the appellant-wife claiming maintenance pendente-lite @ Rs. 30,000/- per month and litigation expenses of Rs. 25,000/-. On issuance of notice on the application by this Court on 03.03.2015, counsel for the respondent-husband appeared and sought time to file reply. On 07.05.2015, further time was sought by the counsel for the respondent which was granted, however, the Court directed the respondent-husband to pay a sum of Rs. 15,000/- towards litigation expenses by the next date of hearing i.e. 17.08.2015 in the shape of bank draft. On 17.08.2015, time was sought by the counsel for the respondent for filing reply and for payment of litigation expenses and the case was adjourned to 08.09.2015. On 08.09.2015, as no litigation expenses were paid nor reply was filed, the Court considered the application under Section 24 of the Hindu Marriage Act and taking the unrebutted pleadings therein to be true, granted Maintenance pendente-lite @ Rs. 20,000/- per month from the date of application to the applicant-appellant-wife to be paid by the respondent-husband minus any amount being paid in any other proceedings and further litigation expenses of Rs. 25,000/- were also granted. The appeal was adjourned to 20.10.2015 for payment of arrears of maintenance.

3. On 20.10.2015, since the respondent-husband had not complied with the order dated 08.09.2015, last opportunity was granted to him to clear the arrears of maintenance, failing which his defence would be deemed to have been struck off. On the adjourned date i.e. 07.12.2015, neither the respondent or his counsel appeared nor any affidavit was filed by him that he has cleared arrears of maintenance, the Court struck off the defence of the respondent-husband.

4. The case was thereafter adjourned on two dates and then on 10.08.2016, at the request made by the counsel for the parties, the matter was posted before the Mediation and Conciliation Centre of this Court for an amicable settlement of the dispute. The parties were directed to appear before the Mediation and Conciliation Centre of this Court. The Mediator reported that the matter could not be settled between the parties. The case was listed for hearing on 31.05.2017 when the counsel for the respondent pleaded no instructions on behalf of the respondent and prayed that the notice be issued to the respondent for some actual date. The Court, at the request of the counsel for the respondent, issued notice to the respondent for 25.08.2017. As per the report of the Registry, the respondent-husband had been duly served but despite service, the respondent did not put in appearance personally or through a counsel. However, the Court, on the said date i.e. 25.08.2017, adjourned the case for 12.10.2017 in order to give a fair opportunity to the respondent to appear before this Court in the interest of justice.

5. In the light of the above fact that despite sufficient opportunities having been granted, maintenance pendente-lite @ Rs. 20,000 per month with adjustment/deduction of any amount having been paid in any other proceedings, from the