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2000 Supreme(P&H) 1360

R.L.ANAND
Amarjit Kaur – Appellant
Versus
Harbhajan Singh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sunil Chadha, Advocate.
For the Respondents:Mr. Viney Mittal, Sr. Advocate with Mr. Arvind Bansal, Advocate.

JUDGMENT

R.L. Anand, J. - This is a civil revision and has been directed against the order dated 10.10.1998 passed by the Addl. District Judge, Ludhiana, dismissing the application of the petitioner Smt. Amarjit Kaur under Section 24 of the Hindu Marriage Act, 1955, for the reasons given in para Nos. 6 to 10 of the impugned order :

"6. It was argued by Mr. Sharma that husband petitioner is an employee and draws a salary of Rs. 9000/- p.m. and has also rental income and further submitted that respondent wife is to pay electricity and telephone bills and other charges and prayed that sufficient amount be awarded as maintenance allowance as well as for litigation expenses. Opposing this contention, it was argued by Mr. Varinder Khera, Advocate that the respondent wife is living in adultery with respondent No. 2 which is supported by affidavit filed by the mother and brother of respondent No. 1 and in these circumstances, it will not be just and proper to order the husband petitioner to pay the maintenance allowance to the respondent No. 1. I have considered the respective contentions.

7. A reading of the provision of Section 24 shows that the condition precedent if an application under














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