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1998 Supreme(P&H) 373

V.S.AGGARWAL
Suman Kumari – Appellant
Versus
Harbans Lal – Respondent


Judgment

V.S.Aggarwal, J.

1. Petitioner Suman Kumari had filed an application under Section 125 Cr.P.C. against Harbans Lal @ Pappu. She was seeking maintenance asserting that she was married to the respondent on 13.4.1990. She was being harassed for not bringing sufficient dowry and was being maltreated. On 13.5.1991 she was turned out by the respondent from his house. Attempts were made to rehabilitate the petitioner but without success. Her case was that respondent has refused to maintain her and thus came the prayer for the maintenance to be fixed.

2. In the reply filed the respondent had contested the petition. It was alleged that petitioner has played fraud upon him. She was married earlier to another person who is still alive. Her marriage has not been dissolved. It was admitted that respondent had married the petitioner but he came to know that petitioner has earlier been married and her husband is alive. Respondents case was that petitioner has been harassing him and members of his family. It was denied that petitioner was turned out of the house or was maltreated.

3. The learned trial court had recorded the evidence and concluded that petitioner was already married with on















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