RAM LAL Vs. KIRAN BALA

JUDGEMENT

(1.) In this revision petition, the petitioner has challenged an order of Sessions Judge, Poonch dated 5-8-92 whereby he has confirmed and order dated 19-1-82 passed by learned Chief Judicial Magistrate Poonch allowing recovery of arrears of maintenance passed in favour of the respondent-wife in an execution proceedings.

(2.) To appreciate the point involved in the case, the brief facts of the case need to be narrated hereunder.

(3.) It appears that the respondent filed an application for maintenance before the CJM, Poonch against the petitioner-husband and a decision followed on May 28, 1977 whereby the respondent was allowed maintenance of Rs. 100.00 per month against the petitioner. It appears that after the maintenance was allowed the petitioner-husband and respondent-wife reunited and lived together for some period, resuming cohabitation as a result of which a female child was born to the parties out of the wedlock. It further appears that the relations of the parties again turned strained and the respondent started to live separately along with her female child and on 5-10-81 the respondent-wife tiled an execution application before the C.J.M., Poonch to recover the arrears of maintenance awarded under Order dated 28-5-77.