- (1.) THE Appellant's divorce petition was dismissed vide order dated 12.01.2010 on the ground of non -payment of the amount of maintenance and that too, to the tune of Rs. 1,44,000/ -as it was recorded in the impugned order.
(2.) LEARNED Counsel for the Appellant submitted that the Appellant is now ready to pay the amount and, therefore, this impugned order may be set aside and the divorce petition may be restored to its original number. Though the Respondent has suffered because of non -payment of maintenance amount, but taking a lenient view, we are of the considered opinion that in case the Appellant pays the entire maintenance amount, which may be found due till date, within a period of two months from today in two installments, then the divorce petition No. 115 of 2005 shall stand restored to its original number. It is also made clear that the Appellant shall also continuously pay the maintenance amount to the Respondent during pendency of the divorce petition and both the parties are directed to co -operate the court in deciding the divorce petition expeditiously. In case of non -payment of arrears of maintenance, as ordered, and also in case of three defaults consecutively in payment of maintenance amount to the Respondent, the divorce petition shall stand dismissed automatically.
(3.) THIS appeal is allowed accordingly and the trial court is directed to decide the divorce petition expeditiously.;