Civil Revision No.1080 of 2011

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IN THE HIGH COURT FOR THE STATES OF PUNJAB &

HARYANA AT CHANDIGARH.

Civil Revision No.1080 of 2011

Date of Decision:-06.04.2011

Raman Walia.

......Petitioner.

Versus

Vijay Walia.

......Respondent.

CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH.

Present:-

Mr. Gourav Goyal, Advocate

for the Petitioner.

Mr. Surinder Sharma, Advocate

for the Respondent.

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JASWANT SINGH, J.

Petitioner-husband has filed the instant revision petition under

Article 227 of the Constitution praying for setting aside order dated 29^th

November 2010(P-2) passed by the learned Additional District Judge,

Jalandhar whereby his defence has been struck off in the divorce petition

filed by the respondent-wife for non payment of the arrears of maintenance

pendente lite.

It is stated that the marriage of the petitioner was solemnized

with the respondent on 21^st of February 1992 according to Hindu Rites at

Jalandhar, and out of this wedlock three daughters were born, who are

presently aged 16 years, 14 years and 12 years respectively and they are

Civil Revision No.1080 of 2011

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residing with the petitioner-husband whereas the respondent-wife is

residing separately at her parental home. It is further apparent that the

respondent-wife had filed a petition for decree of divorce under Section 13

of the Hindu Marriage Act, 1955(for short 'HMA') at Jalandhar on the basis

of cruelty meted out to her by the husband for bringing insufficient dowry.

The petition for divorce was filed on 28.05.2008. Along with it application

of even date under Section 24 of the HMA was also filed. The same was

contested by the petitioner-husband. It was contended that the husband was

engaged in the business of sale purchase of bicycles and spare parts thereof

and thus earning between Rs.15,000/- to Rs.20,000/- per month.

On the other hand the stand of the petitioner-husband was that

he was simply running a cycle repair shop and was maintaining his three

school going minor daughters. The learned Additional District Judge,

Jalandhar after hearing both the sides dismissed the application under

Section 24 of the Hindu Marriage Act vide order dated 04.02.2009.

Aggrieved against the same the respondent-wife filed civil revision no.2147

of 2009 which was disposed of the said civil revision and directed the trial

Court to assess the income of the husband and thereafter grant maintenance

to the petitioner wife from the date of the application.

Thereafter the learned Additional District Judge(Fast Track),

Jalandhar vide order dated 23.07.2010 assess the maintenance pendente lite

at the rate of Rs.600/- per month from the date of application. Since the

petitioner-husband despite availing four opportunities failed to make the

payment of maintenance pendente lite to the respondent-wife his defence

was struck of by the ADJ(Fast Track Court), Jalandhar. Hence the present

revision petition.

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During the pendency of the present civil revision parties were

called in person to explore the possibility of amicable settlement of their

matrimonial dispute. However, the efforts made in this regard failed as the

respondent wife is ready and willing to divorce the petitioner-husband

whereas the petitioner-husband is neither ready to divorce the respondent-

wife nor able to pay the arrears of maintenance pendente lite. Vide order

dated 31.03.2011 at the asking of the learned counsel for the petitioner he

was granted one more opportunity to clear the arrears of maintenance

pendente lite. Today at the time of hearing learned Counsel for the

petitioner has stated at bar that the petitioner is unable to clear the arrears.

In this view of the matter no fault can be found with the

impugned order dated 29.11.2010 whereby defence of the petitioner-

husband has been struck off.

Dismissed.

( JASWANT SINGH )

JUDGE

April 06, 2011

Vinay