GURDEV KAUR Vs. MILKHI SINGH

JUDGEMENT

(1.) THIS judgment of mine will disposed of Regular First Appeal No. 1064 of 1980 and Regular First Appeal No. 2229 of 1979 as both these appeals arise out of the same judgment and decree of the Sub-Judge, 1st Class, Barnala, dated 3. 10. 1979.

(2.) SMT. Gurdev Kaur claiming herself to be legally wedded wife of Milkhi Singh, filed a suit for maintenance at the rate of Rs. 200/- under the Hindu Adoptions and Maintenance Act against Milkhi Singh and another. According to her, Milkhi Singh has neglected in maintaining her so as compelling her to file the present suit for maintenance creating a charge over the agricultural land measuring 543 Kanals 12 Marlas as detailed in the heading of the plaint. It was further averred that since Milkhi Singh has transferred half share of the land to Balbir Singh-defendant with the sole object of depriving her of maintenance allowance, the same does not affect her right of maintenance in any manner.

(3.) IN pursuance to the notice issued by the Court, defendants put in appearance and is fact Balbir Singh filed written statement for himself and his father Milkhi Singh as his attorney on 27. 12. 1977. The defendants denied that the plaintiff was legally wedded wife of Milkhi Singh. The remaining averments made in the plaint were also controverted by the defendants.