Baljinder Kaur v. Hardev Singh

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 PANKAJ KUMAR 2019.01.18 15:08 I attest to the accuracy and integrity of this document