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1977 Supreme(SC) 95

P.N.SHINGHAL, A.C.GUPTA, P.N.BHAGWATI
Raj Vijh – Appellant
Versus
Dev Raj Vijh – Respondent


Advocates:
Kamlesh Bansal, S.L.Aneja, URMILA KAPUR, V.C.MAHAJAN

Judgment

P. N. SHINGHAL, J. :- This appeal by special leave is directed against the judgment of the Delhi High Court dated March 14, 1974, allowing the revision application of respondent Dev Raj Vijh and dismissing the appellants application dated March 18, 1969, under Section 488 of the Code of Criminal Procedure, 1898, hereinafter referred to as the Code.

2. Appellant Raj Kumari Vijh was married to respondent Dev Raj Vijh in Delhi, in June 1950. It is the admitted case of the parties that they were living separately from 1953. The appellant filed her first application for maintenance under Section 488 of the Code, in 1955, but it was dismissed. The respondent filed an application for divorce, or judicial separation, in 1956 in Aligarh (Uttar Pradesh). It was ultimately dismissed on appeal on 29-3-1968. In the meantime the appellant filed a suit against the respondent for recovery of her "stridhan" in Delhi in 1956. It was decreed on appeal by the Delhi High Court in 1967, for Rs. 6458/-. The appellant gave a notice to the respondent on June 24, 1968, claiming maintenance as a deserted wife. Nothing came out of it and she filed the present application under Section 488 of the Code i




























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