FAO No. M-51 of 2004 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. M-51 of 2004
Date of decision: 22.07.2009
Jaspal Singh
....Appellant
Versus
Sharanjit Kaur @ Shammi
....Respondent
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: - Ms. G.S. Punia, Advocate,
for the appellant.
Mr. Gurcharan Dass, Advocate,
for the respondent.
*****
VINOD K. SHARMA, J (ORAL)
CM No. 7246-CII of 2009
Allowed. Respondent-applicant is permitted to place on
record the documents Annexure R-1 to R-7.
FAO No. M-51 of 2004
This appeal by the appellant-husband has been filed for
declaring the marriage between the parties as void under Section 11 of
the Hindu Marriage Act, on the plea that the respondent-wife was
married prior to marriage between the parties, which was performed on
3.3.1996 at Ludhiana.
FAO No. M-51 of 2004 (O&M)
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A male child, namely, Navjot Singh was also born from their
wedlock, who was about four years of age at the time of filing of the
appeal. Another child also born from the wedlock.
The learned Matrimonial Court dismissed the petition, in view
of the fact that the appellant knew about the status of the respondent-
wife at the time of their marriage. The learned Matrimonial Court held,
that no fraud was committed with the appellant in obtaining his consent
for marriage with the respondent.
The plea of the appellant, that his consent was taken by fraud,
was disbelieved and the petition filed by the appellant-husband was
ordered to be dismissed.
On notice, respondent-wife appeared in this Court, and moved
an application for grant of maintenance pendente lite and litigation
expenses. Vide order dated 25.3.2009, the application moved by the
respondent-wife under Section 24 of the Hindu Marriage Act, was
disposed of, and the respondent-wife was granted maintenance pendente
lite @ Rs.1,500/- (Rupees one thousand five hundred only) per month
and a sum of Rs.5,500/- (Rupees five thousand five hundred only) as
litigation expenses. Direction was also issued to pay the amount within
one month from the date of passing of the order i.e. by 24.4.2009.
That the appellant failed to comply with the order. On
14.7.2009, time of one week was sought to pay the maintenance
pendente lite and the litigation expenses.
Today again the appellant has failed to pay anything towards
maintenance and litigation expenses.
It has further been pointed out, that the appellant has moved a
FAO No. M-51 of 2004 (O&M)
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petition under Section 13 of the Hindu Marriage Act for dissolution of
marriage by decree of divorce. Next date fixed in the case is 24.7.2009
before Sh. A.S. Narula, Additional District Judge, Ludhiana.
As the appellant has failed to pay the maintenance pendente
lite and litigation expenses, his defence is, therefore, liable to be struck
off.
Ordered accordingly.
In view of the fact, that the defence of the appellant stands
struck off, the contention of the learned counsel for the appellant cannot
be taken note of.
The appeal is accordingly ordered to be dismissed. However,
this shall not bar the respondent-wife to execute the order passed under
Section 24 of the Hindu Marriage Act, in accordance with law.
(Vinod K. Sharma)
Judge
July 22, 2009
R.S.