JASBIR SINGH Vs. AMRIT KAUR WALIA

JUDGEMENT

(1.) JASBIR Singh Walia petitioner, married Smt. Amrit Kaur Walia respondent on 6th October, 1984. The two spouses last lived together at Agra upto 14th February, 1986. On this date the wife returned to her parental home at Phagwara and is living therein ever since thereafter. She filed miscellaneous Application No. 7M on 21st April, 1987 under Section 125 of the Criminal Procedure Code for maintenance. Ad-interim maintenance was awarded to her therein which has duly been paid upto 30th May. 1988.

(2.) ADDITIONAL Civil Judge at Agra on 30th May, 1988 granted to the petitioner against the respondent wife an exparte decree for restitution of conjugal rights in terms of Section 9 of the Hindu Marriage Act. Application filed by the wife for reversal of the ex-parte decree was dismissed by the same Court. Petitioner husband filed before the learned Judicial Magistrate Phagwara, an application for dismissal of the wife's application for maintenance on the ground that she was not complying with the decree for restitution of conjugal rights passed against her by the Agra-court and she was, therefore, not entitled to claim and obtain the maintenance. Learned trial court made the following order therein :-

(3.) SECOND Criminal Revision No. 782 of 1990 has been filed by the husband in this Court, for vacation of the order passed by the learned Additional Sessions Judge on 12th August, 1990 and restoration of the order passed by the learned trial court on 2nd May, 1989.