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Baljinder Kaur vs Hardev Singh on 15 January, 2019

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
Vs
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.

(AMIT RAWAL)
JUDGE
January 15, 2019
Pankaj*
Whether Reasoned/Speaking Yes

Whether Reportable No

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20-01-2019 07:25:17 :::

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