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High Court of Punjab and HaryanaFAO-M/85/2016dismissed

Kulbir Singh v. Rajwinder Kaur

2017-12-11Mr. Justice Krishna Murari,Mr. Justice Jaspal Singh2 pages

FAO-M-85-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-M-85-2016 (O&M).

Decided on: December 11, 2017.

Kulbir Singh .. Appellant

VERSUS

Rajwinder Kaur .. Respondent * * *

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH * * * PRESENT Mr.Rohit Ahuja, Advocate, for the appellant.

Mr.Manish Prabhaker, Advocate, for the respondent.

M.M.S. BEDI, J. (ORAL) The appellant has filed the present appeal against the judgment and decree dated 10.9.2015, passed by the Additional Civil Judge (Sr. Divn.), Amritsar, allowing the application under Section 9 of the Hindu Marriage Act, filed by the respondent.

When the appeal was taken up for final hearing, counsel for the appellant has submitted that he be allowed to withdraw the present appeal. An affidavit of the appellant has also been placed on record. At this stage, it will not be out of place to observe here that vide order dated 16.8.2017, the appellant-husband was required to pay Raj Kumar Arora 2017.12.18 14:04 I attest to the accuracy and integrity of this document

FAO-M-85-2016 (O&M) maintenance pendente lite @ Rs.25,000/- per month and Rs.55,000/- towards litigation expenses. He has paid only Rs.33,000/- towards litigation expenses which is required to be deducted from the sum of Rs.55,000/-. He has not paid any amount towards maintenance pendente lite determined @ Rs.25,000/- per month w.e.f. 8.9.2016.The appeal otherwise deserves to be dismissed for non-payment of the amount of maintenance pendente lite determined by this Court.

The appeal is dismissed as withdrawn without prejudice to the rights of the respondent to seek execution of the order awarding maintenance pendente lite @ Rs,25,000/- per month as well as the balance of litigation expenses by filing execution before the Court of competent jurisdiction.

(M.M.S. BEDI) JUDGE December 11, 2017.

(AUGUSTINE GEORGE MASIH) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No Raj Kumar Arora 2017.12.18 14:04 I attest to the accuracy and integrity of this document