TEJINDER KAUR Vs. RATTANDEEP SINGH

JUDGEMENT

(1.) By virtue of the instant petition preferred under Article 227 of Constitution of India, petitioner has sought setting aside of the order dated 22nd March, 2017 (Annexure P-8) passed by Additional District Judge, Ludhiana whereby petition under Section 13 of Hindu Marriage Act (for brevity 'Act' only), has been adjourned for 21st April, 2017 with direction to the petitioner to file written statement without getting implemented its previous orders for strucking off the defence on account of non-payment of the maintenance pendente lite awarded by the trial Court while disposing an application under Section 24 of the Act.

(2.) A perusal of the various interim orders passed by the trial Court reveals that the respondent-husband was directed to make the payment of arrears of the maintenance pendente lite and in the event of his failure to make the payment, the petition was to be disposed of summarily on account of non-payment of arrears of maintenance but subsequently, on 22nd March, 2017, the respondent came forward and tendered a sum of Rs.40,000/- in cash and four account payee cheques of Rs.12,500/- each, but the petitioner-wife refused to accept the same.

(3.) The contention of learned counsel for the petitioner is that the direction for filing the written statement is contrary to the settled cannons of law because no direction can be given until and unless arrears of maintenance pendente lite are cleared by the husband.