RUP RAM Vs. SRIMATI NATHIA
LAWS(ALL)-1964-10-35
HIGH COURT OF ALLAHABAD
Decided on October 07,1964

RUP RAM Appellant
VERSUS
Srimati Nathia Respondents


Referred Judgements :-

PARUL BALA DEBI V. SATISH CHANDRA BHATTACHARJEE [REFERRED TO]
PEAREY LAL V. MT. NARAINI [REFERRED TO]
S NATESA PILLAI VS. JAYAMMAL [REFERRED TO]


JUDGEMENT

H.C.P.Tripathi, J. - (1.)This revision is directed against an order of the learned Sessions Judge of Meerut confirming the order dated 20.6.1963 passed by Sri Ved Prakash, S.D.M., Mawana in a proceeding under Sec. 488, Cr.P.C.
(2.)Opposite Party Smt. Nathia is the legally wedded wife of the applicant and she was allowed a maintenance allowance of Rs. 30.00 per month under an order of this Court. Sometime after that order of this Court. Sometime after that order she went back to her husband and lived with him for a period of about 18 months out of her own accord. Later on it appears she was ill-treated again and then she applied before the Magistrate claiming recovery of Rs. 90.00 on account of arrears of her maintenance allowance.
(3.)An objection was filed by the applicant that as subsequent to the order of maintenance in her favour, the opposite party resumed co-habitation with him, the aforesaid order became unenforceable as it exhausted itself. The learned Magistrate relying on a Single Judge decision of this Court Pearey Lal Vs. Mt. Naraini A.I.R. 1935 Alld. 997 repelling the objection and the learned Sessions Judge in revision has concurrent with him.


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