SURJIT KAUR Vs. TIRATH SINGH

JUDGEMENT

(1.) Surjit Kaur appellant was married to Tirath Singh on 30th of July 1964, and both of them lived is husband and wife and cohabited for seven years up to June/July, 1977, at village Daulatpura, District Faridkot. By then, three daughters had been born. In June/July 1971, admittedly, the husband and wife separated and the wife started living with her parents along with the eldest daughter where as the younger two daughters remained with the husband. The husband is a teacher whereas the wife does no work besides house -hold.

(2.) Soon after separation, the wife filed petition (Exhibit R -8) dated 12th of July. 1971, under Sec. 488 of the Code of Criminal Procedure claiming maintenance from the husband in which she was granted maintenance at Rs. 60/ - per mensem for herself and for her daughter, vide order dated 26th of July, 1972, which was upheld on revision of the husband by the Sessions Judge, on 11th of December, 1972, vide order Exhibit R. 11. Later on 29th of October, 1974, the husband filed a petition under Sec. 10 of the Hindu Marriage Act (hereinafter referred to as the Act) for claiming judicial separation from his wife on the allegations of (sic). That petition was ultimately withdrawn by the husband on 3rd of August, 1976, vide order Exhibit R. 9.

(3.) In the meantime, the wife field another petition under Sec. 488 of the Code of Criminal Procedure for claiming enhancement of maintenance for herself and the daughter which was allowed by the Judicial Magistrate on 25th of February, 1976, granting enhancement by Rs. 10/ - per mensem to each of them. The husband as well as the wife filed revisions against this order and both were dismissed by the Sessions Judge, Faridkot 3rd of February, 1977, vide Exhibit R. 10.