NARSI RAM Vs. BIMLA AND ANOTHER

JUDGEMENT

(1.) This petition is filed to quash the order granting maintenance to respondents by the Judicial Magistrate 1st Class Sirsa by his order dated 8.2.1994 as confirmed by the Ld. Addl. Sessions Judge Sirsa dated 28.9.1995.

(2.) Respondents, who are mother and daughter, filed an application under Section 125 Cr.P.C. alleging that the petitioner married the 1st respondent on 24.10.1987 and that she gave birth to 2nd respondent, Poonam during the wedlock and that petitioner, refused to maintain them. The petitioner contested the said application denying the marriage between him and the 1st respondent. According to him 1st respondent was already married with one Birbal and that the marriage, if any, with him was null and void and in contravention of provisions of Hindu Marriage Act. He also denied the paternity of 2nd respondent. In order to prove the marriage between her and the petitioner, the 1st respondent examined the Lambardar of the village and members of Panchayat and one other witness besides examination of herself as PW-1. She also produced the evidence of one Om Parkash, PW-5, Record Keeper of Civil Hospital, Sirsa in order to prove that at the time of birth of 2nd respondent, the petitioner signed the papers giving the willingness for the operation showing himself as husband of the 1st respondent, Bimla. The petitioner also examined 5 witnesses. On a consideration of the evidence on record, the Ld. Judicial Magistrate 1st Class came to the conclusion that the 1st respondent is legally wedded wife of the petitioner and the 2nd respondent was born to the petitioner. He also held that the petitioner neglected in maintaining the respondents and that the petitioner has been earning a sum of Rs. 3000/- p.m. and accordingly awarded maintenance of Rs. 500/- p.m. each to the wife and daughter of the petitioner.

(3.) Aggrieved by the same, the petitioner preferred crl. revision in the Court of Ld. Addl. Sessions Judge, Sirsa. The Ld. Addl. Sessions Judge modified the order of Ld. Chief Judicial Magistrate and reduced the maintenance awarded by the Chief Judicial Magistrate to Rs. 400/- p.m. for the 1st respondent and to Rs. 350/- p.m. to the 2nd respondent by his order dated 28.9.1995. Hence, this petition under Section 482 Cr.P.C.