KARAM SINGH Vs. DALJIT KAUR

JUDGEMENT

(1.) THIS is an appeal by Karam Singh against the order of the learned Subordinate Judge, 1st Glass, Moga, granting the application of his wife, Shrimati Dal jit Kaur, under Section 25 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) and awarding Rs. 50 per mensem as maintenance to her till her remarriage or death.

(2.) THE facts are not in dispute. It is common ground that the parties were married in 1949 and no child was born to them. The relations between them became strained and Shrimati Daljit Kaur had to file an application for maintenance against him under Section 488, Code of Criminal Procedure. After the filing of this application, Karam Singh applied for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. It appears that both; these matters were compromised through the Panchayat and a decree was passed for restitution of conjugal rights on 17th June, 1960 and the application under Section 488, Code of Criminal Procedure, was withdrawn by the wife. According to the compromise, the husband had to go to the house of his in -laws and fetch his wife therefrom. The present application was filed by the wife on 17th November, 1960 on the allegations that her husband had not come to take her back. It was also stated that the Court had appointed Shri Jasbir Singh as a Local Commissioner to see that the husband came to the house of the wife's father to fetch her. The Local Commissioner reached that house and waited for the husband for the whole night, but he never turned up. The husband had, thus, forsaken her without any reason whatsoever.

(3.) THE learned Subordinate Judge, came to the conclusion that the application under Section 25 of the Hindu Marriage Act was maintainable and Shrimati Daljit Kaur was entitled to maintenance at the rate of Rs. 50 per mensem from 17th November, 1960, when the application was filed, till her death or remarriage. Against this order, the husband has filed the present appeal.