Kulpreet Singh v. Manjeet @ Maini

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-M-6-2017 (O&M) Decided on : 12.09.2019 Kulpreet Singh . . . Appellant

Versus

Manjeet @ Maini . . . Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Pawandeep Singh, Advocate for the appellant.

Mr. Raman Goklaney, Advocate for the respondent.

**** RAJAN GUPTA, J. (Oral) On 02nd September, 2019, following order was passed:- "On 29.10.2018, the appellant was directed to bring a draft of `50,000/- towards the arrears of maintenance. Thereafter, the case has been adjourned three times but the said order has not been complied with despite the last opportunity granted by this Court on 12.04.2019. Still the appellant is praying for one more opportunity to pay the amount of `50,000/-.

Adjourned to 13.5.2019.

It is made clear that if the amount of `50,000/- is not paid on or before the next date of hearing then the defence of the appellant shall be struck off.

Amount of `50,000/- has not been brought today. It appears that appeal may have to be dismissed for nonJAWALA RAM 2019.09.23 15:10 I attest to the accuracy and authenticity of this document Chandigarh

FAO-M-6-2017 (O&M) - 2 - prosecution. However, counsel for the appellant prays for one last opportunity to address arguments.

Adjourned to 12.09.2019."

Admittedly, the appellant has not brought the draft of `50,000/- in Court today as well. He has been incarcerated several times for non-payment of maintenance under Section 125 Cr.P.C. Under such circumstances, we feel that the instant appeal needs to be dismissed for non-prosecution. Ordered accordingly. Liberty, however, is granted to the appellant to seek revival in case there is any change in the circumstances. (RAJAN GUPTA) JUDGE (MANJARI NEHRU KAUL) JUDGE September 12, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.09.23 15:10 I attest to the accuracy and authenticity of this document Chandigarh