Ritu Bahri, J.@mdashIn this revision, challenge is to the order dated 17.09.2010 passed by the learned District Judge (Family Court), Gurgaon, whereby defence of the Respondent is struck of on the ground that he did not pay the interim maintenance as per order dated 11.5.2010 to the Respondent/wife.
2. While issuing notice of motion, a statement was made by the Petitioner that he had already paid up to date maintenance amounting to Rs. 20,500/- to the Respondent. Thereafter, despite service the Respondent did not put in appearance. On 11.3.2011, the matter was adjourned for today for arguments. Today no one has put in appearance on behalf of the Respondent.
3. In view of the statement made in court by the Petitioner that the interim maintenance amounting to Rs. 20,500/- has already been paid, order dated 17.9.2010 is set aside and the Petitioner is given an opportunity to lead his evidence in accordance with law.
