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2021 Supreme(Del) 1407

SUBRAMONIUM PRASAD
Col Ramnesh Pal Singh – Appellant
Versus
Sugandhi Aggarwal – Respondent


JUDGMENT

Subramonium Prasad, J. - The present petition is a criminal revision petition filed by the Revisionist Petitioner, an Indian Army colonel, with a prayer to set aside the order dated 30.5.2018 passed by Ld. Family Court Tis Hazari in MT No. 78/2018 wherein the Court passed an order under Section 125 Cr.P.C directing the Petitioner to pay a monthly maintenance of Rs.33,500/- to the Respondent herein.

2. Before delving into the merits of the case it would be important to advert to the material facts of the case.

    a) The marriage of the Petitioner was solemnized on 22.12.2002 according to Sikh rites and rituals in accordance with the Hindu Marriage Act, 1955. Out of the wedlock, they have two Children-Suhani Singh aged 10 years and Shabad Singh aged 7 years old.

    b) The Revisionist Petitioner has been posted across the territory of India as a result of his service in the Army. The Revisionist Petitioner and the Respondent were peacefully married and residing happily together until 2015 where the Petitioner alleges that he found that the Respondent was in an adulterous relationship with one of the petitioners senior in the army, who was married and close with the family as well.

    c) In

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