HUSBAND FILED A PETITION FOR DIVORCE IN 2003. THE PROCEEDINGS WERE GOING ON, ORDERS u/s 24 FOR 3000 PER MONTH AND 1000 FOR LEGAL EXP. WERE GIVEN AND WHEN THE ISSUES WERE FRAMED, HE WITHDREW THE PETITION, THE COURT ALLOWED THE APPLICATION TO WITHDRAW THE PETITION AND PERMITTED TO FILE A NEW CASE ONLY IF HE PAYS THE DUE AMOUNT IN FULL. THEN THE AMOUNT WAS DUE FOR 5 MNTHS AND 15 DAYS. HE PAID FOR FIVE MONTHS RS. 16000/- ONLY, BUT HE FORGOT TO PAY FOR 15 DAYS AND AFTER SIX MONTHS HE FILED A FRESH PETITION. IT HAS BEEN SEVEN YEARS NOW AND THE CASE IS IN FINAL STAGE. NOW THE NON-PETITIONER IS ARGUING THAT THE PETITION SHOULD BE DISMISSED SINCE HE EARLIER DID NOT PAY THE BALANCE AMOUNT FOR 15 DAYS. CAN THE PETITION BE DISMISSED ? ANY SUGGESTIONS ?????
REGDS,
