HARNEK SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) HARNEK Singh has filed the present revisions petition to challenge the order dated 18.11.1991 passed by the Additional Sessions Judge, Chandigarh.

(2.) MOHINDER Kaur had moved an application under Section 125 CrPC against the petitioner asserting that she was married to him and had lived with him at the residential house in village Karal Majra upto 1973, whereafter they had shifted to Kajheri in November 1991. The petitioner had left her and their son and shifted to Karal Majra, whereafter she had been living with her nephew Sukhbir Singh in a rented house. Although, the petitioner is employed as a tractor driver in the department of Horticulture and is getting Rs. 1500/- per month as salary apart from earning Rs. 1000/- per month from the agricultural holding, yet the petitioner has never paid her any maintenance.

(3.) THE Judicial Magistrate had accepted the defence and rejected the plea of the wife who had filed a revision before the Additional Sessions Judge, which was accepted and after reversing the findings returned by the Magistrate, a sum of Rs. 250/- per month as maintenance was awarded to the wife. Against this order, the husband has come up in revision.