Sanjay Narain Vs.
Monika  INSC 1558 (15 September 2008)
NON REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5647 OF
2008 (Arising out of SLP (C) No. 19610 of 2007) Sanjay Narain ....Appellant
Versus Mrs. Monika ...Respondent
appeal is directed against the order dated 21st of August, 2007 passed by the
High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 4690 of
2005 by which, the High Court had dismissed the said revision case on account
of failure of the appellant/husband to pay the wife/respondent a sum of Rs.
2,00,000/- (Rupees Two Lakhs) as directed by the Court earlier. In our view,
the High Court was not justified in rejecting the said revision case without
going into the merits of the case and only on the 2 ground that since the
payment of maintenance of Rs.2,00,000/- (Rupees Two Lakhs) as directed earlier
was not deposited, the Civil Revision case must be dismissed.
was brought to our notice that the appellant/husband was liable to pay
maintenance from 26th of March, 2003 till the month of September, 2008, which
comes to Rs.4,62,000/-, out of which, a sum of Rs. 1,86,000/- has already been
paid by the husband to the wife.
This figure of Rs.
4,62,000/- for the aforesaid period has been calculated at the rate of Rs.
7000/- per month payable by the husband to the wife. On 8th of September, 2008,
when the matter was called on for hearing, a Bank Draft of Rs. 2,00,000/-
(Rupees Two Lakhs) was handed over by the learned counsel appearing for the
appellant/husband to the respondent/wife, which has been accepted by the
respondent/wife, who was personally present in Court.
a total sum of Rs. 3,86,000/- has already been paid and further sum of Rs.
76,000/- is still to be paid by the husband to the wife. As noted herein 3
earlier, the High Court was not justified in rejecting the revision case only
on the ground of non-payment of maintenance, as directed by it earlier at the rate
of Rs. 10,000/- per month, we set aside the impugned order and request the High
Court to decide the Civil Revision case on merits and in accordance with law
if, within a period of six weeks from today, the husband pays the balance
amount of Rs. 76,000/- and also go on paying the wife at the rate of Rs.7,000/-
per month till the final order is passed by the High Court in the Civil
High Court is, therefore, requested to dispose of the said revision case afresh
at an early date preferably within six months from the date of depositing the
balance amount in the manner indicated above.
we allow the appeal and the impugned order passed by the High Court is set
aside on the conditions indicated above. There will be no order as to costs.
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