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1996 Supreme(P&H) 466

G.C.GARG
Kamlesh Verma – Appellant
Versus
Ram Tilak Verma – Respondent


Judgment

G.C.Garg, J.

1. Appellant-wife has moved this application for a direction to the respondent-husband to pay to her the maintenance allowance as ordered by this Court on 5.9.1994 or issue such other direction as may be deemed necessary in the facts and circumstances of this case.

2. In response to notice of Civil Misc., reply has been filed. The respondent also came present in Court and has categorically stated that he is not employed and is not in a position to pay maintenance whatsoever. In other words, the respondent declined to make payment of the maintenance allowance and stated that this Court may pass whatever order it may deem fit in the facts and circumstances of this case. The respondent further stated that he was earlier employed in a company but on his transfer to Secundrabad, he resigned and is no longer in service and is, therefore, unable to pay the maintenance to the appellant or the minor child who is admittedly living with the appellant-wife.

3. In the similar circumstances as noticed above, the matter was considered on different occasions in Smt. Swarno Devi v. Piara Ram, 1975 H.L.R. 15; Gurdev Kaur v. Dalip Singh, 1980 H.L.R. 240, and Smt. Surinder Kaur v.

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