Dr J Narendra Kumar vs Dr.Gorityala Jakka Samyuktha
2021 Latest Caselaw 1109 Tel

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

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

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