IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
C.R. No.7331 of 2016
Date of Decision.15.01.2019
Baljinder Kaur …Petitioner
Hardev Singh …Respondent
CORAM:HON’BLE MR. JUSTICE AMIT RAWAL
Present: Ms. Rajni Maurya, Advocate for
Mr. Naveen Batra, Advocate
for the petitioner.
Ms. Sarika Gupta, Advocate
for the respondent.
AMIT RAWAL J. (ORAL)
The short point involved in the present case is that once
the petitioner wife has already been granted maintenance pendente
lite in proceedings under Section 125 Cr.P.C., can be granted second
maintenance in suit filed under Order 33 Rule 1 CPC for registration
of suit being a forma pauperis for recovery/fixation of `50,000/- as
maintenance, the answer at this stage would be ‘no’ but can be granted
additional maintenance other than the one granted subject to any
evidence brought on record. It is not discernible whether the
permission under Order 33 Rule 1 CPC has been granted. Be that as
it may, the application at this stage of the suit is premature.
The revision petition is disposed of with the
observations made herein above.
January 15, 2019
Whether Reasoned/Speaking Yes
Whether Reportable No
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