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2010 Supreme(HP) 575

SURINDER SINGH
VIPIN KUMAR BHARDWAJ – Appellant
Versus
AMBIKA BHARDWAJ – Respondent


Advocates appeared:
For the Petitioner:Mr. Anup Rattan, Advocate. For the Respondent:Mr. Anand Sharma, Advocate.

JUDGMENT

Surinder Singh, J.(Oral)-This petition has been filed by the petitioner-husband against the respondent-wife, feeling aggrieved and dissatisfied by the order dated 31.3.2009, passed by the learned Additional Sessions Judge (F.T.C.), Kangra at Dharamshala reversing the order of dismissal of application, under Section 125 of the code of Criminal Procedure, passed by the learned trial Court, and thereby awarding an amount of Rs.1000/-per month to the respondent-wife, from the date of filing the petition, i.e., 31.5.2004.

2. The relationship of husband and wife inter se the parties are admitted. In fact, petitioner-husband was a widower, having female child from the earlier marriage and it is an admitted fact that he married the respondent-wife thereafter. She alleged maltreatment and torture at the hands of the petitioner-husband for not meeting her demand of dowry. She had also reported to the Gram Panchayat and also lodged report to the police. On this, petitioner threatened to divorce her. It is alleged that on 26.12.2002, she was given merciless beatings. She took refuge in her parental home. She was neglected and refused maintenance whereas she is unable to maintain hers






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