High Court of Punjab and HaryanaCR/3150/2017disposed of

Gurdeep Singh v. Manjit Kaur

2017-07-11Mrs. Justice Anita Chaudhry2 pages

Civil Revision No.3150 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3150 of 2017 Date of Order:11.07.2017 Gurdeep Singh ..Petitioner

Versus

Manjit Kaur ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Pritpal Singh Miglani, Advocate, for the petitioner.

Mr. M.K.Garg, Advocate, for the respondent.

ANIL KSHETARPAL, J.

The present revision petition has been filed against order dated 11.04.2017, passed by the Additional District Judge, Ludhiana, striking off the defence of the petitioner.

While issuing notice of motion, on 03.05.2017, the following order was passed:- "Learned counsel for the petitioner contends that the total arrears of maintenance allowance payable by the petitioner comes to Rs.96,000/- out of which he has already deposited Rs.42,000/- and is ready to deposit Rs.54,000/- in two instalments within a period of one month.

Notice of motion for 11.07.2017.

As undertaken, the petitioner will deposit Naresh Kumar 2017.07.12 12:21 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.3150 of 2017 -2the amount of Rs.54,000/- in two installemts before the next date of hearing and the deposit will be subject to calculation of the amount of arrears due. Learned trial Court to adjourn the case beyond the date given by this Court."

Today, counsel for the petitioner has made a statement that payment as directed, vide above said order dated 03.05.2017, has been deposited, which is not disputed by learned counsel for the respondent. It is further submitted by learned counsel for the petitioner that up-to-date payment has been made and there are no arrears.

In view of the fact that payment has already been deposited and defence was struck off only on account of nonpayment of maintenance, therefore, the order under challenge, dated 11.04.2017, is set aside.

The revision petition is disposed of with a direction to the learned trial Court to dispose of the main petition as early as possible.

July 11, 2017 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.07.12 12:21 I attest to the accuracy and integrity of this document Chandigarh