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2013 Supreme(P&H) 208

L.N.MITTAL
Ranjit Singh – Appellant
Versus
Ranjit Kaur – Respondent


Advocates:
For the Petitioner:Mr. Varun Luthra, Advocate.
For the Respondent:Mr. Virendra Verma, Advocate.

JUDGMENT

Mr. L.N. Mittal, J.: (Oral) - Ranjit Singh has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) assailing judgment dated 25.08.2012 Annexure P-1 passed by learned Additional Sessions Judge, Ambala.

2. Respondent Ranjit Kaur who is wife of petitioner, filed petition under Section 125 Cr.P.C against petitioner Ranjit Singh, claiming maintenance allowance. Learned Judicial Magistrate vide order dated 18.09.2009 (Annexure P-3) granted her maintenance @ Rs.7,000/- per month w.e.f. 31.05.2008, the date of filing of the application. The wife filed petition for execution of the said order claiming arrears of maintenance since 31.05.2008 onwards. In the execution proceedings, petitioner herein moved application alleging that he was also paying interim maintenance @ Rs.4,000/- per month to the respondent, pursuant to order passed by District Court, Chandigarh under Section 24 of the Hindu Marriage Act, 1955 (in short, the Act) in divorce petition instituted by the petitioner against the respondent and therefore, the said amount paid under Section 24 of the Act be adjusted towards arrears of maintenance due under Section 125 Cr.P.C.

3. Learn







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