Appeal against non-compliance of a coordinate bench order awarding maintenance pendente-lite. Appellant-husband failed to enter appearance. Appeal dismissed in default.
Appeal dismissed in default for non-appearance and non-compliance of the order for maintenance pendente-lite.
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Civil Misc. No.3725-CII of 2009 and F.A.O. No.M-160 of 2007
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Misc. No.3725-CII of 2009 and F.A.O. No.M-160 of 2007 Date of decision: 16.4.2009
Gurcharan Singh
...Appellant
Versus
Charanjit Kaur
...Respondent
CORAM: HON'BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Jagjit Singh, Advocate for the applicant-respondent. None for the non-applicant-appellant.
S.D.ANAND, J.
It was vide order dated 21.10.2008 that a Coordinate Bench (Vinod K. Sharma, J.) of this Court ordered that maintenance pendente-lite at the rate of Rs.1500/- per month shall be payable (by the appellant-husband to the respondent-wife) with effect from the date of filing of the petition.
That order of the Coordinate Bench of this Court, whereby it disposed of the Civil Misc. Application vide which the wife had raised a claim for the award of maintenance pendente-lite on the authority of the provision of Section 24 of the Hindu Marriage Act, was not complied with by the appellant-husband.
When the aforementioned order was not complied with by the appellant-husband for quite some time, the respondent-wife
Civil Misc. No.3725-CII of 2009 and F.A.O. No.M-160 of 2007
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came up with Civil Misc. for the issuance of a direction to the appellant-husband to comply with that order of the Court.
Notice of Civil Misc. was served on the learned counsel
for the appellant-husband, who entered appearance on 23.3.2009 and sought time to have instructions in the context of the averment qua non-compliance.
Today, none has entered appearance on behalf of the appellant-husband inspite of two pass over.
In the light of the of the above facts, the appeal is ordered to be dismissed in default and for non-compliance of the order aforementioned.
April 16, 2009 (S.D.Anand) Pka Judge
1 issue framed by the court
Whether the appeal shall be dismissed in default for non-appearance and non-compliance of the previous order regarding maintenance pendente-lite.
Gurcharan Singh
Charanjit Kaur
S.D.Anand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
