NIRMAL KAUR Vs. SARDAR HARBHAJAN SINGH

JUDGEMENT

(1.) THE petitioner moved an application under section 125 CrPC against her husband for maintenance allowance alleging that she was unable to maintain herself and that she had been treated with cruelty by the husband who resisted the claim on a variety of grounds. THEre is no dispute that before initiation of this proceeding, the husband had filed a suit praying for a decree for divorce against the petitioner and in that case a sum of Rs.100/- p. m. as was granted as interim maintenance under section 24 of the Hindu Marriage Act with effect from 25-7-81. THE magistrate dismissed the application observing that because the wife was already receiving maintenance allowance in pursuance of an order passed by the Civil Court, she was not entitled to get any other order for maintenance allowance. This order dated 5-10-83 was assailed by the wife by means of a revision but she was unsuccessful. THE revisional court (II Additional Sessions Judge, Nainital) endorsed the view expressed by the magistrate. THE revision was accordingly dismissed by an order dated 28-6-84.

(2.) THIS petition has been moved by the wife under section 482 CrPC for quashing the orders referred to above passed by the Magistrate and the Additional Sessions Judge, Nainital.