Ashwani Kumar Chaudhary vs Manju

Rajive Bhalla, J.—The appellant impugns order dated 09.1.2012 passed by the Additional District Judge (Fast Track Court), Jalandhar, dismissing a petition for grant of divorce filed by the appellant for failure to clear arrears of maintenance. Counsel for the appellant has paid Rs. 35,000/- to the counsel for the respondent towards arrears of maintenance. Counsel for the appellant submits that as the appellant has cleared up-to-date arrears of maintenance, the appeal may be allowed, the impugned order may be set aside and the matter may be remitted to the trial Court to decide the petition for grant of divorce, in accordance with law.

Counsel for the respondent does not deny the correctness of the aforesaid assertions or oppose the prayer made by counsel for the appellant.

We have heard counsel for the parties and perused the impugned order. The appellant has cleared up-to-date arrears of maintenance as admitted by counsel for the respondent. The petition for divorce was dismissed on the ground that the appellant had not paid arrears of maintenance. The appellant having paid arrears of maintenance and as counsel for the respondent has no objection, the appeal is allowed, the impugned order dated 9.1.2012 is set aside and the matter is remitted to the Additional District Judge (Fast track Court), Jalandhar, to decide the petition for grant of divorce, afresh and in accordance with law. The appellant shall continue to pay maintenance as determined by the trial court. Parties are directed to appear before the Additional District Judge (Fast Track Court), Jalandhar, on 16.8.2013.