GURDEV SINGH Vs. MST DALIP KAUR

JUDGEMENT

(1.) THE facts of the case are as under : Gurdev Singh husband has directed revision petition No. 12/6 Rt of 1974 against the order dated 4 -1 -1974 of Shri Jagat Parkash Gupta whereby he fixed Rs. 60/ - per month as maintenance allowance under the provisions of section 488 of the Code of Criminal Procedure, 1898, in favour of Mst. Dalip Kaur being the wife of the aforesaid Gurdev Singh Mst Dalip Kaur, has also filed a separate revision petition No. 39112 Rt of 1974 against the said order for enhancement of the allowance to Rs. 200/ - permonth. Both the revision petitions arise out of and relate to the same order, so I will dispose of both by this order.

(2.) IN view of the provisions of section 484 of the new Cole of 1973. I will follow the procedure laid down in the old Code for disposing of revision petitions since these revisions were filed before 1 -4 -1974 when the new Code came into force.

(3.) THE brief facts relevant for these revision petitions are that Dalip Kaur was married to Gurdev Singh about 10 or 11 years ago though the previous wife of Gurdev Singh who happened to he the real sister of Mst. Dalip Kaur was and is alive. It is alleged that the second marriage was rerformed as the first wife failed to give birth to any issue but after the second marriage she gave birth to a daughter which resulted in neglect of Dalip Kaur, the second wife.