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1990 Supreme(P&H) 30

S.S.GREWAL
Gurvinder Singh – Appellant
Versus
Murti W/o Gurvinder Singh – Respondent


Judgment

S.S.GREWAL, J.

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of impugned orders Annexure P-1 dated 21/05/1988 granting ad interim maintenance and AnnexureP-2 striking off the defence of the husband for non-payment of interim maintenance allowance, passed by Judicial Magistrate, Ist Class, Mansa, as well as impugned order, Annexure 2/4 dated 22/04/1989 passed by Additional Sessions Judge, Bathinda, whereby on revision the order concerning striking off the defence of the husband-petitioner was upheld.

2. In brief facts relevant for the disposal of this petition are that respondent-wife moved an application for grant of maintenance u/S. 125 of the Code on her behalf and on behalf of her two minor children on 18/03/1987 in the trial Court, which vide impugned orders Annexure P-1 granted interim maintenance to the wife and her two minor children with effect from the date of the application. As the husband could not pay the ad interim maintenance, his defence was ordered to be struck off vide impugned order Annexure P-2. The learned Counsel for the parties were heard.

3. Learned Counsel for th




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