Items No.11-12
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
F.C.A.Nos.351 & 355 of 2017
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. This order is in continuation of the orders passed on 19.03.2021
and 23.03.2021.
2. On 19.03.2021, it was made clear to learned counsel for the
appellant/husband that if his client did not clear the arrears of
maintenance in terms of the order dated 28.08.2019 passed in
F.C.A.No.355 of 2017 filed against an order passed by the learned
Family Court dismissing the divorce petition (O.P.No.791 of 2013)
filed by him, before the next date of hearing i.e by 23.03.2021, this
court would be inclined to dismiss both the appeals. Pertinently,
F.C.A.No.351 of 2017 has been filed by the appellant/husband being
aggrieved by an order passed by the learned Family Court allowing a
petition (O.P.No.1721 of 2015) for restitution of conjugal rights filed
by the respondent/wife.
3. It is a matter of record that the appellant/husband did not comply with the order dated 19.03.2021. On 23.03.2021, learned counsel for the appellant/husband had sought further time of two weeks to deposit the said amount and the explanation offered for F.C.A.Nos.351 & 355 of 2017 Page 1 of 3 non-deposit was that the appellant/husband was not aware of the bank details of the respondent/wife. In the interest of justice, the appellant/husband was granted another opportunity to deposit the arrears of maintenance in the bank account of the respondent/wife, while making it clear that in the event of non-deposit of the said amount, this court would be inclined to dismiss both the appeals filed by the appellant/husband.
4. In the teeth of the aforesaid order, the appellant/husband has remained non-compliant. Learned counsel for the appellant/husband states that he had categorically conveyed the orders passed on 19.03.2021 and 23.03.2021 to his client, but he has not reverted back and he has no instructions in the matter thereafter.
5. Learned counsel for the respondent/wife states that by now the arrears of maintenance payable by the appellant/husband to the respondent/wife have mounted to Rs.21,00,000/- and the said amount is due and payable from 21.09.2017. It is stated that the said amount of maintenance has been held to be payable by the appellant/husband for the maintenance of the respondent/wife and the eleven year old minor daughter of the parties in her care and custody.
6. In view of the aforesaid stand of learned counsel for the appellant/husband, we are not inclined to entertain the present appeals which are closed along with the pending applications, if any, with a rider that in the event the appellant/husband clears the outstanding maintenance payable to the respondent/wife and files proof thereof F.C.A.Nos.351 & 355 of 2017 Page 2 of 3 along with an application for seeking revival of the present appeals, such an application shall be considered in accordance with law.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 07.04.2021 JSU F.C.A.Nos.351 & 355 of 2017 Page 3 of 3