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1987 Supreme(P&H) 543

HARBANS SINGH RAI
Darshan Singh – Appellant
Versus
Maninder Kaur – Respondent


Advocates Appeared:
For the Petitioner:Mr. Yogesh Kumar Sharma, Advocate.
For the Respondents:Mr. Mohinder Singh Bedi, Advocate.

JUDGMENT

Harbans Singh Rai, J. - Darshan Singh has filed this revision petition against the order passed by Additional Sessions Judge, Ludhiana, fixing Rs. 150/- per month as maintenance payable by him to his wife Maninder Kaur. Briefly the facts are that Maninder Kaur respondent had filed an application for maintenance under section 125 of the Code of Criminal Procedure against Darshan Singh petitioner on the ground that they were married 1-1/2 years prior to filing of the application and after marriage Darshan Singh started maltreating her and has turned her out of the house. The allegations were denied by Darshan Singh.

2. The learned Judicial Magistrate dismissed the application vide his order dated 13. 2. 1984. Feeling aggrieved, Maninder Kaur filed a revision in the Court of Additional Sessions Judge, who vide his order dated 16. 5. 1985, allowed the application and fixed Rs. 150/- per month as maintenance payable by Darshan Singh to Maninder Kaur. Darshan Singh feeling aggrieved has come up in revision to this Court.

3. Mr. Yogesh Kumar Sharma, the learned counsel for the petitioner, as stated that the parties are no more husband and wife and a decree of divorce by mutual con



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