PREETPAL SING Vs. ISHWARI DEVI

JUDGEMENT

(1.) This Criminal Revision has come up in peculiar circumstances.

(2.) Opposite party No.2 Mahendra Singh and opposite party No.1 Smt. Ishwari Devi are husband and wife. They are blessed with sons Yashpal and revisionist Preet Pal Singh. Wife Smt. Ishwari Devi filed an application u/S.125, Cr. P.C. against her husband claiming maintenance for herself and her minor sons. She attributed unfaithfulness to her husband, who has illicit relation with one Smt. Kaushal. She further alleged that despite means that is a salary income of Rs. 2,500/per month and annual income from 50 bighas of land, her husband has been neglecting her and her children. Husband resisted the application and denied the allegations of the wife. He alleged that the wife is employed and is getting Rs.1000.00 per month. But there was break in service. He denied that the children lived with her. He pointed out that in divorce petition, he is paying Rs.300.00 per month to the wife.

(3.) Learned Magistrate held that husband has sufficient means namely basic pay of Rs. 2,500/ and income from 50 bighas of land; that the wife has been unable to maintain herself from January, 1987; that the husband has been cruel with wife and has been making false allegations against her character; that the husband has kept another woman, that the wife has sufficient cause for separate living, that one of the sons is living with the husband whom the husband is maintaining himself, but the other son is with the wife. With these findings Magistrate awarded maintenance of Rs.500.00 per month to the wife and Rs. 500.00 to the son living with the wife till he attains majority.