Full Judgment
D.M. Dharmadhikari, J.
1. This is an appeal by the husband under Section 28 of the Hindu Marriage Act against the Judgment dated 8.7.1996 of the Court of 5th Additional District Judge, Bilaspur, whereby his petition filed for divorce against the wife has been dismissed only on the ground of non-payment of full amount of interim maintenance, and litigation expenses to the wife as ordered in proceedings under Section 24 of the Act.
2. In this Court also directions were issued on 6.3.1998 for payment of arrears of maintenance at the rate of Rs. 350/- per month and to pay a sum of Rs. 500/- as litigation charges.
3. On 20.4.1998 the couple was called by the Court for efforts of re-conciliation. The husband refused to accept the wife to his house stating that she is an abnormal person although this Court, when questioned her found no apparent abnormality. The re-conciliation efforts failed.
4. The learned Counsel appearing for the husband in this appeal submits that the husband, because of his poor financial condition, could not clear all the arrears of maintenance and could get no opportunity to prove that he is entitled to a decree of divorce against the wife on the ground alleged by him in his divorce petition. The husband has filed an affidavit in this Court mentioning certain figures to be the amount of arrears which have been paid. He has also undertaken to pay the balance, if any. The wife is not present in Court nor her Counsel. It is not possible for this Court, therefore, to verify whether the statement made by the husband, who is present in Court with his Counsel is true. This Court, however, directs the husband to clear arrears, if any, outstanding towards maintenance.
5. In the circumstances, this Court considers it fit to set aside the Judgment dated 8.7.1996 passed by the Court and send the matter for re-trial to the learned Judge who shall re-register the divorce petition but would proceed with the Trial only after verifying on affidavits to be produced by the parties in Trial Court that all arrears of maintenance payable under Section 24 of the Act have been cleared.
6. Consequently, the appeal only succeeds to the extent of setting aside the Judgment and remitting the case for re-trial on the condition of the husband paying full amount of arrears of maintenance under Section 24 of the Act to the wife. If within a period of two months from the date of this order, the husband does not clear all arrears of maintenance to the satisfaction of the Trial Court, the divorce petition shall stand dismissed and the case shall be consigned to record room. The husband shall appear in the Trial Court on........to satisfy the Court of full payment of arrears of maintenance and the wife shall thereafter be noticed to appear and take part in the proceedings. The parties shall bear their own costs.