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1989 Supreme(P&H) 591

S.S.DEWAN, A.L.BAHRI
Kamla Devi – Appellant
Versus
Mehma Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gurrattanpal Singh. Advocate.
For the Respondent:Mr. Jagmohan Singh Choudhary, Advocate.

ORDER

J. S. Sekhon, J. - The sole controversy in this criminal revision petition directed against the order of Shri M. S. Luna. Additional Sessions Judge, Patiala, is whether the trial Court can restore the execution application of an order passed under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) which was dismissed in default on sufficient grounds.

2. In brief, the facts are that Mst. Kamla Devi wife was granted maintenance allowance at the rate of Rs. 100/- per month while her two minor daughters, Neelam and Guddi, were granted maintenance allowances at the rate of Rs. 50/- each from the date of application i. e. 23-9-1980, vide order dated 25-10-1982 passed by Shri T. R. Bansal, Judicial Magistrate Ist Class, Rajpura. On the failure of the husband to pay the maintenance allowance, Mst. Kamla Devi, petitioner, filed first execution application on 19-10-1983 claiming arrears of maintenance allowance with effect from 23-9-1980 to 23.10.1983. This application was dismissed in default on 19-5-1984. Subsequently on 4-8-1984, this application was restored by the learned Judicial Magistrate. During the pendency of these proceedings, she also filed











































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