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Manjinder Singh vs Jasjit Kaur on 1 May, 2018

109 –1–

RA-CR-82-CII-2018 in CMM-24-2015 in
FAO-M-278-2014

Manjinder Singh Vs Jasjit Kaur

Present: Ms. S.S. Mann, Advocate for the applicant/appellant.

******

Review of the order dated 20.3.2018 has been claimed on the

ground that the wife had herself waived of her claim of maintenance in

proceedings under Section 125 Cr.P.C., in view of the fact that she has been

in government job and earning more than ` 31,000/- per month.

We have considered the contention of learned counsel for the

applicant/appellant and also gone through the orders passed under Section

125 Cr.P.C. The withdrawal of the claim of maintenance in proceedings

under Section 125 Cr.P.C. by the wife will not ipso facto prejudice the

statutory right of a wife to claim maintenance under Section 24 of the Hindu

Marriage Act, 1955. Besides this all the facts and circumstance have been

taken into consideration while passing the order dated 20.3.2018, wherein

only a meager amount of ` 5,000/- per month has been awarded in addition

to the interim maintenance awarded under Section 125 Cr.P.C., which is in

the nature of compensation to her for bringing up the minor child single

handed whereas this is the responsibility of both the spouses.

No ground is made out for review of the order dated 20.3.2018

as this Court is not capable of considering an appeal against its own order

on the basis of the alleged points raised by counsel for the

applicant/appellant. The review application is accordingly dismissed.

To come up on 22.5.2018, the date already fixed, for clearing

the arrears of maintenance.

1 of 2
07-05-2018 00:43:32 :::
RA-CR-82-CII-2018 in CMM-24-2015 in
FAO-M-278-2014 –2–

Let the arrears of maintenance be paid on next date of hearing.

In case a request is made by counsel for the applicant/appellant on next date

of hearing for expeditious disposal of the appeal, the same will be decided

expeditiously after clearing the arrears of maintenance pendente lite.

(M.M.S. Bedi)
Judge

1.5.2018 (Gurvinder Singh Gill)
pankaj Judge

2 of 2
07-05-2018 00:43:33 :::

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