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1984 Supreme(Del) 166

D.R.KHANNA
RAJ KUMARI – Appellant
Versus
DEV RAJ VIJ – Respondent


Advocates Appeared:
C.M.CHOPRA, D.R.Sethi

( 1 ) D. R. Khanna, J.-Smt. Raj Kumari and Dev Raj Vij were married in the year 1950. The marriage, however, floundered, and in the year 1956 the husband applied for judicial separation. This was without success, and his final appeal -was dismissed by the High Court in 1968. There has been no child.

( 2 ) ON 18-3-1969 Smt. Raj Kumari moved a petition for grant of maintenance to her under the Code of Criminal Procedure. This was allowed at the rate of Rs. 125. 00 per month by an order made by a Magistrate on 21-6-1973. The maintenance allowance was payable from the date of the petition. Both the sides assailed this order in revisions. Smt. Raj Kumari contended that the maintenance was too meagre, while the husband pleaded that the Delhi court had no territorial jurisdiction to decide the matter. This latter contention prevailed with the High Court, and as such the petition for maintenance stood rejected. Naturally in the circumstances, the propriety of enhancing the maintenance could not be then gone into. Smt. Raj Kumari, however, feeling aggrieved moved the Supreme Court, and succeeded in establishing that the court at Delhi had jurisdiction. This was on 17-2-1977. The result was








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