Himachal Pradesh Court September 1979 Judgments
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Ghasitu Vs. Smt. Durga Devi
Court: Himachal Pradesh
Decided on: Sep-28-1979
Reported in: 1980CriLJ885
ORDERT.U. Mehta, C.J.1. The petitioner who is the husband of the respondent has filed this revision application against the order of maintenance passed by the Court of the Judicial Magistrate Kangra at Dharamsala under Section 125 of the Cr.P.C. in case No. 214/76 of his file. The point involved in this revision application is whether the 'explanation' saying that if 'A husband has contracted marriage with another woman, it shall be considered a just ground of wife's refusal to live with him' applies only to Sub-section (3) of Section 125, or covers within its ambit even the original order of maintenance passed under Sub-section (1) of that section.2. Short facts of the case are that the petitioner Ghasitu Ram performed his second marriage with respondent Smt. Durga Devi in the year 1939-40. At that time his previous wife was also living with him. The petitioner and the respondent lived together for some time. The contention of the respondent wife is that she was often maltreated by th...
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