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Punjab-Haryana High Court

Raj Kumar vs Suman Devi on 7 October, 2009

Author: S.S. Saron

Bench: S.S. Saron

           In the High Court of Punjab and Haryana at Chandigarh
                                    ......


                       Civil Revision No.1016 of 2006
                                     .....

                                                Date of decision:7.10.2009


                                 Raj Kumar
                                                              .....Petitioner
                                      v.

                                 Suman Devi
                                                            .....Respondent
                                      ....


Present:     Mr. Parampal Singh, Advocate for Mr.Vinod Bhardwaj,
             Advocate for the petitioner.

             None for the respondent.
                                    .....

S.S. Saron, J.

As per office report, Mr. J.P. Sharma, Advocate for the respondent has been informed, however, no one is present on his behalf.

The revision petition has been filed by Raj Kumar, husband seeking setting aside of the order dated 25.1.2006 passed by the learned District Judge, Narnaul whereby the petitioner has been directed to pay a monthly maintenance of Rs.1200/- and Rs.3300/- as litigation expenses to the respondent-wife.

The respondent-wife filed a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights against her husband Raj Kumar (petitioner). During the pendency of the petition ad interim maintenance and litigation expenses were sought which has been granted in terms of the impugned order. As per status report received from the Court of Additional District and Sessions Judge, Narnaul, it has been informed that the petition filed by the respondent-wife Smt. Suman Devi has Civil Revision No.1016 of 2006 [2] been allowed by the Additional District Judge, Narnaul on 17.3.2007, however, the execution of the said judgment is pending. In the circumstances, the present petition has been rendered infructuous as the main petition seeking restitution of conjugal rights filed by the respondent- wife has been allowed.

In the circumstances, the present petition is dismissed as infructuous.

October 7, 2009. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:Yes/No