MUNNA LAL Vs. KARAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Cr.P.C. for setting aside the impugned order dated 19.12.2013 passed by the learned ASJ in Criminal Revision No. 122/2013 whereby the revision petition of the petitioner was dismissed.

(2.) The brief facts of the case are that the petitioner and respondent No.3 are husband and wife whereas respondent Nos.1 & 2 are their children. The respondent No.3/wife had filed a petition under Section 125 Cr.P.C. against the petitioner for maintenance to herself and her children in March, 2009 where the petitioner was initially proceeded ex parte but on an application being made, the ex parte proceedings were set aside. It was alleged in the petition that the petitioner/husband is earning Rs.20,000/ - per month by giving tuitions and doing farming on his land, but never remitted a single penny to the respondents/ complainants.

(3.) The contentions made in the petition filed under Section 125 Cr.P.C. were opposed by the petitioner/husband on the ground that he filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the respondent No.3 and thereafter she failed to appear and was proceeded ex parte. The petitioner denied imparting of any tuition and stated that he does not have any farm land and is dependent upon his father's pension for the expenses of his family. He also stated that he is unemployed and is without any means and certificate with respect of his unemployment has been issued by Gram Pradhan. The allegations of the petitioner were refuted by the respondent No.3 who stated that petitioner is well qualified being an M.Sc., earning Rs.30,000/ - a month and has no other responsibility except maintaining the respondents. It was also stated that the father of the petitioner was also in a government job. The petitioner being the husband and father of the children is liable to maintain them. Since it was an interim stage, the fact whether respondent No.3 left the company of the petitioner without any sufficient cause or not cannot be decided. Thus, in the given circumstances, his liability to maintain the respondents was fixed at Rs.1,300/ - per month each from the date of filing of the petition till the disposal of the petition. The said order was challenged by the petitioner by filing a revision petition which was also dismissed.