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1978 Supreme(SC) 357

A.P.SEN, P.N.SHINGHAL, V.R.KRISHNA IYER
Bhupinder Singh – Appellant
Versus
Daljit Kaur – Respondent


Advocates:
K.R.NAGARAJA, P.N.PURI, S.K.MEHTA

Judgment

ORDER :- A short narrative of the facts is necessary to explore and explode the submission that a substantial question of law arises, which merits grant of leave under Art. 136 of the Constitution. The respondent is the wife of the petitioner. She moved the Magistrate, having jurisdiction over the subject-matter, for grant of maintenance under S, 125 of the Criminal Procedure Code. The Court awarded maintenance in a sum of Rs. 250/- per mensem but the order was made ex parte since the petitioner did not appear in court. The motion for setting aside the ex parte order was dismissed whereupon a criminal revision was filed by the husband before the High Court. During the pendency of the said petition a compromise was entered into between the parties as a result of which the wife resumed cohabitation with the husband. This resumption of conjugal life was followed by an application by the wife (respondent) praying that her application for maintenance be dismissed and the execution proceedings for recovery of arrears of maintenance be withdrawn. Apparently, on this basis the trial court did not proceed to recover arrears of maintence. But as the record now stands, the order for m















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