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2023 Supreme(Del) 1286

SANJEEV SACHDEVA, VIKAS MAHAJAN
Sripal – Appellant
Versus
Laxmi – Respondent


Advocates appeared:
Mr. Vishal Chaudhary, Advocate, for the Appellant.
Ms. Shikha Arora, proxy Advocate, for the Respondent.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Appellant impugns order dated 06.04.2018, whereby the petition filed by the respondent under Section 125 Cr.PC. has been allowed and maintenance of Rs.4,000/- per month w.e.f. the date of filing of the petition i.e. 26.10.2010 has been awarded in favor of the respondent-wife.

2. Learned counsel for the appellant submits that respondent is disentitled to grant of maintenance on the ground that she is having an illicit relationship with a person.

3. To buttress his argument, learned counsel submits that it is an admitted position that respondent is living with the said person. He relies on some photographs that have been placed on record to substantiate his arguments.

4. We are unable to accept the contention of learned counsel for the appellant for the reason that the statement that respondent is living with somebody is only alleged to be substantiated by the contention that she is living in the same house with that individual.

5. The stand of the respondent is that the said person is the nephew of the respondent and since she was thrown out of the house by the appellant she had to take shelter in the house of the said individual. Further, th

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