Appeal against order granting maintenance to wife cannot be dismissed solely for husband’s failure to deposit arrears of maintenance
Sourav Sharma Vs Neetu Sharma
CRL.REV.P. 737/2015 & Crl.M.A.16652/2015
About/from the judgment:
The High Court allowed a revision petition and set aside the order of the Appellate Court whereby it had dismissed the appeal filed by the petitioner (husband) on the ground that he failed to deposit the entire arrears of maintenance despite several opportunities.
The husband was directed by the trial court to pay a monthly maintenance amount of Rs 35,000 to his wife. He, however, failed to pay the amount and coercive steps were taken by the trial court. Challenging the said order, the husband filed an appeal before the Appellate Court which was dismissed by the impugned order.
The High Court noted that the difference of opinions on the subject — as was evident from the decisions rendered by Single Judges in Rajeev Preenja Vs Sarika, 2009 SCC OnLine Del 458 — attained finality by a decision of the Division Bench in Sabina Sahdev Vs Vidur Sahdev, 2018 SCC OnLine Del 9747. In Sabina Sahdev Case, it was held that “appeal or revision cannot be dismissed solely on the ground of failure to pre-deposit the maintenance amount and the same would have been decided on merits.” Accordingly, the Court held in the present case that the Appellate Court took a contrary view which was not sustainable. Therefore, the impugned order was set aside and the appeal was restored to its original number.
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