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2014 Supreme(P&H) 1554

RAJIV NARAIN RAINA
Lt. Col. Satish Chaudhary – Appellant
Versus
Kumari Sneh Lata – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Kartar Singh Malik-I, Advocate
For the Respondent:Mr. Babbar Bhan, Advocate

JUDGMENT :

Rajiv Narain Raina, J.

Heard learned counsel for the parties in the challenge to the order passed by the learned District Judge, Family Court, Bhiwani dismissing the defendant's application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 ('CPC'). The defendant prayed in the obstruction application that the suit for maintenance could not proceed except upon affixation of ad valorem Court-fee on the petition in terms of Section 7 of The court-fees Act, 1870 and in terms of the maintenance value quantified and prayed that the maintenance petition be dismissed for deficiency in payment of requisite court-fee. In the petition filed under section 20 of the Hindu Adoptions and Maintenance Act, 1956 ('the HAMA'), a claim is made for marriage expenses in a sum of 50 lacs from the defendant, the petitioner before this Court. The story narrated is that the defendant serves in the Indian Army in the rank of a Lieutenant Colonel. He was married off in accordance with the rule of custom to Smt. Sushila Kumari, the widow of his deceased brother. The respondent is the natural born daughter of late Sh.Suresh Kumar and Smt. Sushila Kumari. It is pleaded that the petitioner was tw




























































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