IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 04.03.2025 VIKAS DHUPER ...Appellant Versus HENA DHUPER ...Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. Manish Soni, Advocate for appellant Ms. Digantika Rao, Advocate for Mr. Aman Pal, Advocate for the respondent SUDHIR SINGH, J.

Challenge in the present appeal is to the judgment and decree dated 31.10.2014 passed by the learned District Judge, Family Court, Gurgaon (for short `the Family Court’), whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short `the Act’) filed by the appellant-husband, was dismissed.

2. It may be noticed that during the pendency of the present appeal, vide order dated 27.01.2025, following directions inter- alia were issued by this Court to the learned Family Court:

“xx xx xx xx Considering the aforesaid, it is directed the aforesaid execution petition pending before the learned Family Court be disposed of, preferably, within a period of 03 weeks from today”

xx xx xx xx

3. In pursuance of the said order, the learned Principal Judge, Family Court, Gurugram, on 10.02.2025, while disposing of the execution application, passed the following order:-

“Respondent has appeared in person alongwith Shri Paras Yadav, Advocate. The respondent has made the payment of Rs. 19,50,000/- through cheque. He also got recorded his statement that, in case, cheque is dishonoured he would be liable to pay the double amount of cheque to the petitioner. The petitioner has received the cheque vide separate statement. I have seen the calculation of both the parties also. The respondent claimed that he has also paid the amount through three execution petition filed by the petitioners. He has also paid Rs.1,95,000/- in the Hon'ble High Court. That amount is still lying over there. He has shown the court entry to entry of bank account statements and claimed that he has cleared all the outstanding amount. Petitioner is in habit of filing the wrong calculation. He also furnished the affidavit that in case there is any outstanding he is ready to make the payment. He claimed that he has already paid the excess amount to the tune of Rs. 2,60,000/-. The total amount has already been paid by him in four lots. First, he paid Rs.19,90,000/-, he paid Rs. 1,95,000/-, Rs.3,25,000/- and today he has been paying Rs.19,50,000/-. In this way the total amount has been paid Rs.44,60,000/- to the petitioner. The total amount was required to be paid Rs.42 Lakhs. He has paid a sum of Rs.2,60,000/- extra amount to the petitioner till today. He claimed that this amount be adjusted in forthcoming maintenance amount.

Since he has made the payment through the cheque.

The present execution petition stands disposed off. It is also made clear that in case cheque is dishonoured, he shall be liable to pay the double the amount and face the consequences as per law. It is also made clear that the excess amount paid by the respondent shall be liable to be adjusted in the forthcoming maintenance amount. This payment shall be subject to the objection if any on the part of the petitioner, in case petitioner proves, that she has to recover extra more amount in that case the respondent shall be bound by the undertaking furnished by him today in the court in the shape of affidavit. File be completed and consigned to the record room”

3. Considering the fact that since there is no maintenance amount pending now, the learned counsel for the appellant-husband prays that the appeal be decided on merits. Thus, we proceed to decide the main appeal.

4. The aforesaid divorce petition had been filed by the appellant-husband, inter-alia, pleading therein that his marriage with the respondent-wife was solemnized on 12.11.2002, as per Hindu rites and out of the said wedlock, two children were born. The appellant- husband alleged that the respondent-wife had a history of problematic behaviour, including theft of jewellery in the year 2004,