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2008 Supreme(HP) 213

V.K.AHUJA
Baldev Singh – Appellant
Versus
Raj Kumari – Respondent


JUDGMENT

V.K. Ahuja, J.

1. A petition under Section 125 Cr.P.C. was filed by the respondent for the maintenance as against the petitioner before the learned trial Court. In reply, the respondent denied the factum of marriage.

During the pendency of the petition, a petition under Section 125(1) Cr.PC. was filed by the respondent for grant of interim maintenance. Learned trial Court after taking reply from the petitioner and hearing the parties, dismissed the petition for grant of interim maintenance mainly by observing that the present petitioner has denied that the applicant was his legally wedded wife. C5n revision, those findings were set aside by the learned Sessions Judge who granted interim maintenance at the rate of Rs. 5,000/- RM. in favour of Mrs. Raj Kumari. Being aggrieved, the present petition has been filed by the petitioner.

2. I have heard the learned Counsel for the parties and have gone through the record.

3. The learned Counsel for the petitioner has submitted that there are no specific assertions as to how marriage was performed, what was the reasons for the marriage and that the respondent/petitioner has not pleaded that she was unable to maintain herself. It was also









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