JOGINDER SINGH Vs. DALBIR KAUR ALIAS BALBIR KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the Petitioner against the orders of the Judicial Magistrate 1st Class, Amritsar who on 16th November, 1977, awarded a maintenance of Rs. 100/ - in favour of his wife Dalbir Kaur under Section 125 of the Code of Criminal Procedure and of the Additional Session's Judge, Amritsar, who affirmed the order in revision.

(2.) THE application of Dalbir Kaur Respondent for maintenance that she had been maltreated and turned out of his house by the Petitioner, her husband, who had neglected and refused to maintain her, was accepted by both the courts. The Petitioner had initially taken the plea that he was willing to take the Respondent to his house and keep her as his wife. His efforts to bring her back to her house had failed, as he could not persuade her. Before the Additional Session's Judge, he had stressed another ground that he had obtained decree under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the Respondent. On that ground she was not entitled to maintenance. Both the Courts had negative the plea of the Petitioner and accepted the case of the Respondent.