GOPI Vs. KRISHNA

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P. C. challenging the order dated 10-2-1999, passed by the Judicial Magistrate and also challenging the order dated 17-7-2000, passed by the Additional Sessions Judge, dismissing the revision petition and upholding the order dated 10-2-1999 passed by the learned Magistrate.

(2.) The facts relevant for the decision of the present petition, are that Smt. Krishna wife of Gopi, Jasbir and Raj Kumar, minor sons of Gopi filed a petition under Section 125, Cr. P. C. against their husband/father, namely Gopi, for the grant of maintenance to them. The said petition was filed on 19-5-1997. In the petition, it was alleged that the marriage of Smt. Krishna and Gopi had taken place in the year 1989 and that Jasbir and Raj Kumar, minors were born out of the said marriage and that they were aged about 6 years and 4 years respectively. It was alleged that Smt. Krishna and minor children were thrown out by Gopi about two years back and since then, they were residing with the parents of Smt. Krishna. It was alleged that they had no source of livelihood to maintain themselves. On the other hand, it was alleged that Gopi, Peon, in the Co-operative Bank, was earning Rs. 6,000.00 p.m. It was accordingly prayed that maintenance of Rs. 1,000.00 per month be awarded to each of the claimants, namely Smt. Krishna, Jasbir and Raj Kumar.

(3.) The said petition was contested by Gopi, by filing reply, alleging therein that so far as Jasbir, minor, is concerned, he was born out of the wed-lock, whereas Raj Kumar, minor, was not born out of the wed-lock, but was born only after Smt. Krishna had left the matrimonial home and that he was not his child. The other allegations were also denied and it was alleged that Smt. Krishna had left her matrimonial home on 4-6-1990 and that on 12-7-1990, Jasbir, minor was born. It was alleged that finally Krishna along with Jasbir had left the matrimonial home on 18-4-1991 and came to her parental house. It was alleged that thereupon, Gopi filed a divorce petition in the Courts at Chandigarh on 10-6-1991 and in the divorce petition, decree for divorce was passed on 30-10-1991. It was alleged that since 18-4-1991, Smt. Krishna had not lived with Gopi as his wife. It was alleged that Raj Kumar, minor, was born to Smt. Krishna as a result of her illicit relations with someone else and that he was the illegitimate child of Smt. Krishna. It was alleged that Smt. Krishna was in a position to earn her livelihood. It was denied that he was earning Rs. 6,000.00 per month, though it was admitted that he was working as Peon in the Co-operative Bank.