RAGHBIR SINGH Vs. SATPAL KAUR

JUDGEMENT

(1.) THIS is appeal by Raghbir Singh against his wife, Shrimati Satpal Kaur. It is directed against the judgment of the District Judge, Amritsar dated January 31, 1966 dismissing petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter called the Act) or dissolution of marriage filed by the husband against the wife.

(2.) THE parties were married at Amritsar on June 22, 1948. After marriage both of them lived together in village Roopowali, District Amritsar, where the husband resided. They amicably lived together upto 1957. In that year, the husband remarried. The wife life the husband and started staying with her parents at amritsar. In 1957, the wife filed petition for judicial separation under Section 10 of the Act on the ground that the husband had remarried and deserted her. The husband was served in that petition. Inspite of service, he did not appear in court. The Petition was allowed ex parte and the relief of judicial separation sought for by the wife against the husband was decreed on July 9. 1958.

(3.) IN 1961, the wife filed a complaint against the husband under Section 494 indian Penal Code on the ground that he had committed offence of remarriage during the life time of his previous wife. The husband was convicted and sentenced for offence of bigamy. After the filing of that complaint the wife filed an application under Section 488. Code of Criminal Procedure claiming maintenance allowance against the husband. That application was allowed on September 21, 1962 and she was granted maintenance allowance of Rs. 30/-per mensem. The husband did not pay the maintenance allowance in spite of processes for its recovery issued against him. He was fined