JUDGEMENT
ANITA CHAUDHRY,J. -
(1.) The petitioner is seeking quashing of order dated 20.08.2013 passed by the learned Sessions Judge, Ludhiana by virtue of
which the appeal filed by the respondent-husband against the order dated
30.01.2013 passed by the Magistrate fixing the maintenance of petitioner-wife @ L 1000/- per month, has been set aside and the petition
filed under Section 125 Cr.P.C. has been dismissed. The petitioner is
also seeking enhancement of maintenance amount to L 2000/- per month.
(2.) The petitioner was married to respondent in the year 1951 and out of the wedlock six children were born. The wife filed the petition under
Section 125 Cr.P.C. in the year 2007 claiming that she had been deserted
by the husband since 1986 and she is living with her son Sukhwinder
Singh. It was claimed that the husband had retired from the Army and
getting L 5000/- per month as pension. Maintenance to the tune of L
2000/- per month was sought.
(3.) The respondent-husband contested the petition. The relationship and separation was admitted. It was claimed that the wife was living
separately for no reasonable cause and had left the company of the
husband when he was bed ridden due to a fractured leg. It was averred
that he is getting L 300/- per month as pension from Army from where he
retired on 01.02.1946.;
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