- (1.) THIS appeal has been filed by Smt. Sunita Verma against an ex -parte decree dt. 21.02.2012, by which, the civil suit filed by Smt. Sunita Verma against the appellant under Sec. 27 of the Hindu Marriage Act ('the Act') was dismissed ex -parte and that her application for permanent alimony and maintenance under Sec. 25 of the Act was decreed ex -parte for lump sum payment of Rs. 4 lacs. It is submitted by the learned counsel appearing for the respondent -husband that he has filed application for setting aside ex -parte decree which is still pending.
(2.) ON 03.07.2014, following order was passed by this Court: - - "The learned counsel for the respondent submits that the respondent has moved an application for setting aside the ex -parte order dt. 21.02.2012 passed by the Family Court No. 1, Jodhpur in original civil suit No. 184/2010. It has also been submitted that the Family Court has already issued notice of the application aforesaid. Smt. Sunita Verma present in the Court accepts the notice of the application aforesaid and submits that she will appear before the Family Court No. 1, Jodhpur on 23.09.2014. Let this Misc. Appeal be listed on 08.10.2014."
(3.) WE have asked learned counsel appearing for the respondent -husband whether the appellant -wife has been paid any amount towards maintenance. He submits that some orders have been passed on the proceedings under Sec. 125 Cr.P.C. for interim maintenance to be paid to the appellant but since he is not counsel in that case, he is not aware of the amount which has been awarded and paid to the wife towards interim maintenance. We find that the application filed by the appellant in the year 2010 was allowed ex -parte on 21.02.2012 but she has not received any benefit of the decree passed so far. We also find that she has not been paid any amount either towards interim maintenance or permanent alimony for last four years.;