IN THE HIGH COURT OF JHARKHAND AT RANCHI
F.A. No. 30 of 2010
Pankaj Srivastava ... Appellant
Versus
Anjana Srivastava ... Respondent
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CORAM: HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE H.C.MISHRA
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For the Appellant : Mr. Jayshankar Pandey, Advocate
For the Respondents : Mr. Ayush Aditya, Advocate
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Order No. 07 Dated 19th August, 2011
1. The appellant’s divorce petition was dismissed vide
order dated 12.01.2010 on the ground of non-payment of
the amount of maintenance and that too, to the tune of Rs.
1,44,000/- as it was recorded in the impugned order.
2. Learned counsel for the appellant submitted that the
appellant is now ready to pay the amount and, therefore,
this impugned order may be set aside and the divorce
petition may be restored to its original number.
3. Though the respondent has suffered because of non-
payment of maintenance amount, but taking a lenient view,
we are of the considered opinion that in case the appellant
pays the entire maintenance amount, which may be found
due till date, within a period of two months from today in
two installments, then the divorce petition No. 115 of 2005
shall stand restored to its original number. It is also made
clear that the appellant shall also continuously pay the
maintenance amount to the respondent during pendency of
the divorce petition and both the parties are directed to co-
operate the court in deciding the divorce petition
expeditiously. In case of non-payment of arrears of
maintenance, as ordered, and also in case of three defaults
consecutively in payment of maintenance amount to the
respondent, the divorce petition shall stand dismissed
automatically.
4. This appeal is allowed accordingly and the trial court
is directed to decide the divorce petition expeditiously.
(Prakash Tatia, A.C.J.)
(H.C.Mishra, J)
Raman/Birendra