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2012 Supreme(UK) 461

SERVESH KUMAR GUPTA
CHARAN KAUR – Appellant
Versus
PARAMJEET SINGH – Respondent


Advocates:
For the Revisionist :Mr. S.K. Mandal, Advocate
For the Respondent:Mr. Mohd. Azim, Advocate

JUDGMENT

Hon’ble Servesh Kumar Gupta, J.

1. The challenge in this revision is to the judgment and order dated 28.02.2012 passed by Judge, Family Court, Udham Singh Nagar whereby learned Judge has denied to grant maintenance to Charan Kaur (revisionist) from Paramjeet Singh (respondent) on the ground that in her statement she admitted her previous marriage with one Sukhdev Singh. She also admitted that no valid decree of divorce or annulment of marriage, from her previous husband, was passed by the competent court.

2. From perusal of record, it is evident that revisionist was living with Paramjeet Singh because his wife had died.

3. Learned counsel for the revisionist argued that Charan Kaur hails from such a family and caste, which has prevailing custom to segregate relations from her husband by mutual settlement and terms of settlement reduced into papers and a sheet is offered upon the body of a lady to cover her by a man with whom she accepts her new company/espousal and this was exactly done in the case of Charan Kaur, so taking divorce, by means of a valid decree from the court, was not necessary.

4. Learned counsel for the revisionist further argued that Charan Kaur







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