SUKHMINDER KAUR Vs. SADHU SINGH

JUDGEMENT

(1.) SMT . Sukhminder Kaur has filed this petition against her husband Sadhu Singh against the order of the learned Additional Sessions Judge Ludhiana dated 9th July, 1982, whereby the husband's revision petition against the order of the learned Judicial Magistrate Ist Class, Jagraon granting Rs. 150/- as maintenance per month to the wife (petitioner) was allowed.

(2.) THE trial Court had allowed maintenance of Rs. 150/- per month to the petitioner but the learned Additional Sessions Judge set aside the order of the trial Court on the ground that the decree for restitution of conjugal rights was passed against the petitioner at the instance of Sadhu Singh husband-respondent and later on decree of divorce was also passed against the petitioner at the instance of her husband Sadhu Singh. On the basis of the decree of divorce, it was observed by the learned Additional Sessions Judge that as the wife had deserted her husband she was not entitled to the maintenance. This view taken by the learned Additional Sessions Judge is erroneous in view of the principle of law as laid down by Division Bench of this Court in Prakash v. Jaswant Kaur, I.L.R. 1981(1) Pb and Haryana 221. In the aforesaid authority, it was held as under :-

(3.) THE respondent appeared as his own witness and also produced his father Kartar Singh as R.W. 2 and controverted the allegations of the petitioner. It was during the pendency of the maintenance application that the respondent obtained a decree for restitution of conjugal right under section 9 of the Hindu Marriage Act against the petitioner from the court of the Additional District Judge, Delhi on 24th September, 1979, and, sub-sequently obtained the decree of divorce also from the Delhi Court on 6th February, 1981. The application of the petitioner for maintenance was allowed by the trial Court on 14th October, 1981.