Research › Search › Judgment

Rajasthan High Court · body

2003 DIGILAW 676 (RAJ)

Geeta Devi v. Hari Ram Yogi

2003-05-02

N.P.GUPTA

body2003
JUDGMENT 1. - Learned counsel for the appellant has filed application to the effect that the respondent has not paid a single rupee after passing of the order by this Court dated 10.4.2002. This application was filed on 7.4.2003. Copy was given to learned counsel for. the respondent on the same day. However, till date, no reply has been filed. It has been prayed in the application that the official authorities may be directed to deposit the amount before this Court and any other relief, which this Court deems fit may be granted. 2. A look at the order dated 10.4.2002 shows that this has been passed on the application of the appellant under Section 24 of the Hindu Marriage Act. 3. The appeal arises against the judgment and decree of the learned trial Court refusing the husband's prayer for dissolution of marriage, but at the same time, granting a decree for judicial separation. The appeal was admitted on 17.9.2001. Thereafter, on 8.10.2001, efforts were made for reconciliation in presence of the parties, but the same failed. Thereafter, the aforesaid order has been passed. 4. The Division Bench of this Court in Jai Shanker v. Chandresh, reported in WLN (U.C.) 1980 82 has clearly laid down the legal position about the effects of non-compliance of the order passed by the Court under Section 24 of the Hindu Marriage Act and following those principles. It Is directed that if the respondent does not deposit all arrears of the amounts payable under the aforesaid order dated 10.4.2002 by 7th of July, 2003, the present appeal shall stand allowed, and the petition of the respondent for dissolution of marriage will stand dismissed in toto and unconditionally.Order in Miscellaneous Appeal Made in Above Terms. *******