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1996 Supreme(P&H) 971

V.S.AGGARWAL
Ranbir Kaur @ Harjit Kaur – Appellant
Versus
Gurnam Singh – Respondent


Judgment

V.S.Aggarwal, J.

1. Petitioner Ranbir Kaur was married to the respondent on 15.3.1987. They were blessed with two children Hardev Singh and Harwinder Singh, Hardev Singh has since died. In February, 1992 the petitioner was turned out of matrimonial house. She filed a petition under Section 125 of the Code of Criminal Procedure for grant of the maintenance for herself and for the minor child. The respondent contested the same alleging that the petitioner is not his legally wedded wife. He had developed intimacy with the petitioner. She started living in his house. There was a proposal to marry but it did not materialise. The petitioner was slated to be having illicit relations with one Darshan Singh. The respondent further contended that he had undergone the sterilisation operation in May, 1985 at Civil Hospital, Tanda and thus there was no question of Harwinder Singh having been born from his loins. Furthermore the petitioner was stated to have already been married at Village Nurpur. They had not legally been divorced. She could not marry the respondent again. The respondents case fur- ther was that he was earning Rs. 700/- to Rs. 800/- p.m.

2. The learned Judicial Magistra

















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