Maintenance--Non-Payment of Arrears -- Not a Ground to Dismiss Appeal against Divorce Decree Without Deciding on Merit
A matrimonial appeal challenging a divorce decree must be adjudicated on merits and cannot be dismissed or disposed of solely on the ground of non-payment of maintenance arrears by the appellant. Non-payment of maintenance arrears is not a valid ground to decline examination of the correctness of a divorce decree. The appellate court is obligated to evaluate the legal and factual validity of the decree under challenge, irrespective of default in payment of maintenance.
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