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1957 Supreme(P&H) 128

S.B.CAPOOR
Mukand Singh – Appellant
Versus
Mst. Kartar Kaur – Respondent


Judgment

S.B.Capoor, J.

1. Mukand Singh has filed a petition for revision of the order of the learned Sessions Judge, Bhatinda, dated 13-2-1957, upholding the order of Magistrate 1st Class, Bhatinda, dated 22-10-1956, whereby he was directed to pay arrears of maintenance allowance to his wife Shrimati Kartar Kaur, who will hereafter be referred to as the respondent.

2. The facts are that Kartar Kaur had obtained an order under Section 488 of the Code of Criminal Procedure for the amount of Rs. 15/- per mensem as maintenance allowance to her by her husband Mukand Singh. The maintenance allowance was paid for some months but as alleged by Kartar Kaur, Mukand Singh took her to his house in March, 1954, and the parties lived together for a few months. After she had become pregnant from him, Mukand Singh turned her out in November, 1954, after maltreating her and she gave birth to a daughter in the house of her father. She prayed for realisation of the arrears of maintenance allowance and her application was met by the contention that she was living in adultery and could not therefore claim maintenance from Mukand Singh. The parties produced evidence in the Magistrates Court and he came











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