Disposed

Bant Singh Alias Jaswant Singh v. Kuldeep Kaur

Punjab & Haryana HC10 May 2013FAO-M/80/2013

Case brief

AI extract

What is this about?

The High Court allowed the appeal against the dismissal of a divorce petition under Section 13 of the Hindu Marriage Act. The trial court had dismissed the petition for non-payment of maintenance. On appeal, the appellant paid the outstanding maintenance and litigation expenses before the hearing. The court set aside the impugned order and restored the petition.

What did the court decide?

Order dated 11.12.2012 setting aside and restoration of divorce petition and notice to parties to appear before trial court.

Bant Singh Alias Jaswant Singh Vs Kuldeep… — Matrimonial and Divorce | Punjab & Haryana HC (2013)

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FAO No.M-80 of 2013 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.M-80 of 2013 (O & M) Date of decision: 10.05.2013

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Bant Singh alias Jaswant Singh

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.....Appellant

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versus

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Kuldeep Kaur ..... Respondent

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CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH

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Present: Mr.Vijay Lath, Advocate for the appellant with appellant in person.

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Mr. Sharan Sethi, Advocate for the respondent with respondent in person.

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S.S. SARON, J.

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The appeal has been filed by the appellant-husband against the order dated 11.12.2012 passed by the learned Additional District Judge, Rupnagar whereby his petition seeking dissolution of the marriage between the parties has been dismissed for his failure to pay the maintenance amount.

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The appellant filed a petition seeking dissolution of the marriage between the parties by a decree of divorce under Section 13 of the Hindu Marriage Act. During the pendency of the petition, an application was filed by the respondent for dismissing the petition on the ground that the appellant had not paid her the amount of maintenance pendente lite. The appellant was put to notice on the application and was also directed to clear the amount of maintenance pendente lite which had accrued towards him. On 11.12.2012

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FAO No.M-80 of 2013 (O & M)

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neither the appellant nor his counsel appeared before the learned Additional District Judge, Ropar to pay and clear the amount of maintenance pendente lite as was directed. Accordingly the petition was dismissed.

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Aggrieved against the said order, the appellant has filed the present appeal.

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On 15.03.2013, when the appeal was taken up for hearing, it was submitted by learned counsel for the appellant that the appellant could not appear in the trial court on 11.12.2012 due to unavoidable circumstances and the case was dismissed for non payment of maintenance allowance. It was further submitted that the appellant had in fact already paid maintenance allowance of Rs.30,500/- and he had brought the balance amount of Rs.14,500/in cash.

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Notice of motion was issued and the appellant was asked to bring the balance amount of maintenance and Rs.15000/- towards litigation expenses.

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Today both the parties are present. The appellant has tendered in Court Rs.34000/- which includes Rs.14500/- as the balance amount payable towards maintenance and Rs.15000/- as litigation expenses. The following is the break up of the maintenance that was due and the litigation expenses which have been paid.

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Maintenance pendente lite @ Rs.1500/- P.M w.e.f. 28.09.2010 to 28.04.2013 i.e. 31 months x 1500/Rs.46,500/2. Litigation expenses awarded by trial Court Rs.3,000/-

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FAO N	o.M-80 of 2013 (O & M)	-3-
3.	Litigation expenses awarded by this Court	Rs.15,000/- -----------------
		Rs.64,500/-
4.	Payment already made	(-)Rs.30,500/-
5.	Payment made today i.e. 10.05.2013	Rs.34,000/-

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Both the counsel are in agreement in respect of the above break up of the maintenance. The maintenance amount and litigation expenses have been received by the respondent who is present in Court in cash.

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Keeping in view the fact that the maintenance has been paid, learned counsel for the respondent submits that he has no serious objection to the order dated 11.12.2012 being set aside and the case between the parties being restored.

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Accordingly order dated 11.12.2012 passed by the learned trial Court dismissing the petition seeking dissolution of marriage between the parties by a decree of divorce under Section 13 of the Hindu Marriage Act is set aside and the petition for divorce filed by the appellant shall stand restored to its original number by the learned trial Court.

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The appeal stands disposed of accordingly.

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The parties shall appear before the learned trial Court on

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27.05.2013.

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( S. S. Saron ) Judge 10.05.2013 ( S.P. Bangarh ) A.Kaundal Judge

Bant Singh Alias Jaswant Singh v. Kuldeep Kaur

Case brief

What is this about?

What did the court decide?

Bant Singh Alias Jaswant Singh v. Kuldeep Kaur

Case brief

What is this about?

What did the court decide?

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