GURDEEP SINGH Vs. SATYA DEVI
LAWS(J&K)-1986-11-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 08,1986

GURDEEP SINGH Appellant
VERSUS
SATYA DEVI Respondents

JUDGEMENT

R.P.SETHI, J. - (1.) THE respondents filed an application for the re covery of maintenance for the period commencing from 11.9.1981 upon the end of April, 1984 amounting to Rs. 4000/ - in the Court of Sub -Registrar, Judicial Magistrate Jammu who vide his order dated 13.11.1984 directed the payment of Rs. 4000/ - to the applicants 2 and 3 therein within 15 days from the announcement of the judgment failing which it was directed that the warrants as envisaged under law would be issued against the petitioner herein. Aggrieved by the order of the trial Magistrate the petitioner filed a revision petition in the Court of find Addl. Sessions Judge, Srinagar who vide judgment impugned in this revision petition held that order passed by the Court below was legal, valid and according to law.
(2.) I have heard the counsel for the parties and have perused the record of the Courts below.
(3.) MR . Sehgal the learned counsel appearing for the petitioner submits that the Courts below have committed a mistake of law by allowing application of the respondents 2 and 3 despite the fact that the same was barred by time. In support of his contention he has relied on AIR 1968 Orissa 35 and AIR 1971 Patna 181. He has further submitted that the application of the respondents was liable to be dismissed because the same had not been filed before the competent Court and that the respondent -wife was not entitled to any maintenance because the petitioner had offered to maintain her with him. So far as the claim of respondent -wife (Satya Devi) is concerned a separate order has been passed in criminal revision No. 29 of 1984 and criminal reference No. 5 of 1984.;


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