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1995 Supreme(P&H) 611

SAROJNEI SAKSENA
Jasbir Singh – Appellant
Versus
Harjinder Kaur – Respondent


Judgment

Dr. Sarojnei Saksena, J.

1. This is a revision challenging the order passed in Criminal Revision No. 14 of 1989 by Shri J.S. Pamma, Additional Sessions Judge, Faridkot, whereby petition filed under Section 125, Code of Criminal Procedure rejected by the trial Magistrate is allowed and maintenance is granted from the date of the petition.

2. Briefly stated facts of the case are that the parties were married in the year 1981. The husband-petitioner filed a divorce petition on 19.8.1985 on the ground of desertion etc. The respondent contested the petition which was decreed on 2.9.1987. On 27.10.1987, the respondent filed a petition under Section 125, Code of Criminal Procedure. The petitioner contested the petition. Learned Magistrate dismissed the petition vide his order dated 18.2.1989. The respondent filed Criminal Revision No. 14 of 1989, wherein her petition filed under Section 125, Code of Criminal Procedure, was allowed.

3. Petitioners learned counsel contended that in the divorce petition, divorce was granted in favour of the petitioner on the ground of desertion. Respondent filed appeal against that judgment bearing F.A.O. No. 189-M of 1987, which was disposed of on 9



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