Darshan Singh vs Maninder Kaur

Harbans Singh Rai, J.

Darshan Singh has filed ''this revision petition against the order passed by Additional Sessions Judge, Ludhiana, fixing Rs. 150/ per month as maintenance payable by him to his wife Maninder Kaur. Briefly the facts are that Maninder Kaur respondent had filed an application for maintenance under section 125 of the Code of Criminal Procedure against Darshan Singh petitioner on the ground that they were married 11/2 years prior to filing of the application and after marriage Darshan Singh started maltreating her and has turned her out of the house. The allegations were denied by Darshan Singh.

The learned Judicial Magistrate dismissed the application vide his order dated 13. 2. 1984. Feeling aggrieved, Maninder Kaur filed a revision in the Court of Additional Sessions Judge, who vide his order dated 16. 5. 1985, allowed the application and fixed Rs. 150/ per month as maintenance payable by Darshan Singh to Maninder Kaur. Darshan Singh feeling aggrieved has come up in revision to this Court.

Mr. Yogesh Kumar Sharma, the learned counsel for the petitioner, as stated that the parties are no more husband and wife and a decree of divorce by mutual consent has been obtained. So here being no relationship of husband and wife, Maninder Kaur is not entitled to any maintenance He has further submitted that Maninder Kaur vide her own statement in the divorce petition has foregone her claim to maintenance and in view of this, this petition may be allowed.

Mr. M. S. Bedi, Advocate, appearing for Maninder Kaur, has confirmed the statement of Mr. Yogesh Kumar Sharma, Advocate, and has conceded that Maninder Kaur as per her statement is not entitled to any maintenance, and he has no objection if the petition is allowed.

In view of the statement made by the learned counsel for the parties, this petition is allowed and the order of Additional Session Judge dated 16. 5. 1995 fixing Rs. 150/ per month as maintenance payable by Darshan Singh to Maninder Kaur is set aside.