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1987 Supreme(J&K) 27

A.S.ANAND
Kundan Lal – Appellant
Versus
Shanti Devi – Respondent


Advocates Appeared:
Advocate For Appellant: G.N. Goni
Advocate For Respondent: T.C. Kotwal

1. Does a decree for restitution of conjugal rights obtained by the husband subsequent to an order for maintenance obtained by the wife under Sec 488 Cr P, C, ipso facto cancel that order and deprives her to claim maintenance, is the meaningful question which requires determination in this revision petition?

2. The facts are short and not in dispute. The petitioner is the husband of respondent No. 1 and father of respondent No 2 The parties were married as far back as in 1958 and six children were born out of the wedlock. Subsequently the relations between the husband and wife became strained and according to the wife [sic] the cause of strained relations was that the husband had kept a mistress by the name Mato Devi and on that account had turned her out of the matrimonial house. On 14.8,1980, the wife filed an application for maintenance under Sec. 488 Cr. P. C. claiming maintenance for herself and her minor daughter who was living with her. The application was resisted but after a full trial, the learned Munsiff Judicial Magistrate 1st class, Hiranagar, allowed the application on 17. 4. 1982 granting maintenance at the rate of Rs.150/- per month for the wife and the minor daughte










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