JOGINDER KAUR Vs. GURDIAL SINGH

JUDGEMENT

(1.) SMT . Joginder Kaur, defendant, has filed this Regular Second Appeal against the judgment and decree passed by the Additional District Judge, Amritsar, vide which, while reversing the judgment and decree passed by the Sub Judge Ist Class, Patti, the suit of the respondent (plaintiff) was decreed and she was restrained from recovering the amount of maintenance @ Rs. 100/- per month from the respondent, which was granted to her by the Criminal Court vide order dated 11.3.1974 passed under Section 488 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the respondent was that the appellant was married with his elder brother Harbhajan Singh. Five years after the marriage, Harbhajan Singh expired in the year 1955. At that time, the appellant was pRegulation nt, and after the death of her husband, she gave birth to a daughter. It was further alleged that after the death of Harbhajan Singh, the appellant put pressure upon the parents of the respondent for her re-marriage with him. The said pressure was not accepted by the respondent and his parents and he did not perform marriage with the appellant. Later on, in the year 1976, when the respondent received an ex parte order dated 11.3.1974 passed in favour of the appellant, granting maintenance of Rs. 100/- per month to her against him by treating her as his wife, he filed an application for setting aside that order. But the said application was dismissed as time barred by the Court. Hence, the respondent filed the instant suit for declaration as well as injunction.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial court :-