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1992 Supreme(P&H) 829

HARMOHINDER KAUR SANDHU
Krishan Kumar – Appellant
Versus
Sunil Kumari – Respondent


Advocates Appeared:
For the Petitioner:Mr. Virender Singh, Advocate.
For the Respondent:Mr. Surinder Gandhi, Advocate.

ORDER

Harmohinder Kaur Sandhu, J. - Sunil Kumari filed a petition under Section 125 Criminal Procedure Code for grant of maintenance on the allegations that her husband Krishan Kumar had turned her out of the house and had neglected to maintain her. During the pendency of the petition she claimed interim maintenance at the rate of Rs. 500/- per month. The trial Court after considering the respective contentions of the parties directed Krishan Kumar to pay a sum of Rs. 200/- per month by way of interim maintenance to Sunil Kumari till the decision of the petition. Sunil Kumari was not satisfied with this order dated 24.8.1991 passed by Additional Chief Judicial Magistrate, Rohtak and filed a revision petition. Her revision petition was accepted by the learned Sessions Judge, Rohtak and as per order dated 10.1.1992 the amount of interim maintenance payable to Sunil Kumari was enhanced to Rs. 500/- per month. Krishan Kumar has assailed this order by way of the present revision petition.

2. The learned counsel for the revision-petitioner contended that the question as to what was the actual income of the husband and to what amount the wife is entitled by was of maintenance will be decid



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