NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5647  OF 2008 (Arising out of SLP (C) No. 19610 of 2007)

Sanjay Narain          ….Appellant

Versus

Mrs. Monika       …Respondent

O R D E R

1. Leave granted.   

2. This appeal is directed against the order dated 21st of

August, 2007 passed by the High Court of Punjab and

Haryana at Chandigarh in Civil Revision No. 4690 of

2005 by which, the High Court had dismissed the said

revision  case  on  account  of  failure  of  the

appellant/husband to pay the wife/respondent a sum of

Rs. 2,00,000/- (Rupees Two Lakhs) as directed by the

Court  earlier.   In  our  view,  the  High  Court  was  not

justified  in  rejecting  the  said  revision  case  without

going  into  the  merits  of  the  case  and  only  on  the

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ground  that  since  the  payment  of  maintenance  of

Rs.2,00,000/- (Rupees Two Lakhs) as directed earlier

was not  deposited,  the  Civil  Revision  case  must  be

dismissed.   

3. It was brought to our notice that the appellant/husband

was  liable  to  pay  maintenance  from  26th of  March,

2003 till the month of September, 2008, which comes

to Rs.4,62,000/-, out of which, a sum of Rs. 1,86,000/-

has  already  been  paid  by  the  husband  to  the  wife.

This figure of Rs.  4,62,000/-  for the aforesaid period

has  been  calculated  at  the  rate  of  Rs.  7000/-  per

month payable by the husband to the wife.  On 8th of

September, 2008, when the matter was called on for

hearing, a Bank Draft of Rs. 2,00,000/- (Rupees Two

Lakhs)  was  handed  over  by  the  learned  counsel

appearing  for  the  appellant/husband  to  the

respondent/wife,  which  has  been  accepted  by  the

respondent/wife, who was personally present in Court.

4. Therefore, a total  sum of Rs.  3,86,000/-  has already

been paid and further sum of Rs. 76,000/- is still to be

paid  by  the  husband  to  the  wife.   As  noted  herein

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earlier, the High Court was not justified in rejecting the

revision case only on the ground of  non-payment  of

maintenance, as directed by it earlier at the rate of Rs.

10,000/- per month, we set aside the impugned order

and request the High Court to decide the Civil Revision

case on merits and in accordance with law if, within a

period of six weeks from today, the husband pays the

balance amount of Rs. 76,000/- and also go on paying

the wife at the rate of Rs.7,000/- per month till the final

order is passed by the High Court in the Civil Revision

case.

5. The High Court is, therefore, requested to dispose of

the  said  revision  case  afresh  at  an  early  date

preferably  within  six  months  from  the  date  of

depositing the balance amount in the manner indicated

above.   

6. Accordingly,  we allow the  appeal  and the  impugned

order passed by the High Court  is  set  aside on the

conditions indicated above.  There will be no order as

to costs.                                     

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    ……………………….J.       [Tarun Chatterjee]

New Delhi;            ………………………J. September 15, 2008. [Aftab Alam]

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