In view of the aforesaid facts and circumstances and the legal position, it is quite evident that for failure of the respondent to pay the arrears of maintenance despite being granted a last opportunity, his defence is deemed to be struck off. In consequence of the defence being struck off, the allegations of the appellant-wife have gone unrebutted and are to be accepted. Accordingly, the appeal of the appellant-wife is allowed and the impugned judgment and decree dated 16.2.2012 passed by the learned Additional District Judge, Ferozepur is set aside and the petition filed by the appellant seeking dissolution of the marriage between the parties by a decree of divorce is accepted and the marriage between the parties shall stand dissolved by a decree of divorce.
Punjab-Haryana High Court
Rani @ Raj Kaur vs Balwinder Singh on 13 January, 2014
CORAM: HON'BLE MR. JUSTICE S.S. SARON. HON'BLE MS. JUSTICE NAVITA SINGH.
Citation;AIR 2014 P&H 34