BHUPINDER SINGH WALIA Vs. VARINDER KAUR

JUDGEMENT

(1.) This revision petition has been filed by Bhupinder Singh (hereinafter referred to as the husband) against the order dated 23rd of July, 1990 whereby the maintenance awarded by Sub Divisional Judicial Magistrate, Khanna, vide his order dated 30-3-89 under S. 125 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) at the rate of Rs. 225.00 per month to Smt. Varinder Kaur (hereinafter referred to as the wife) was enhanced to the tune of Rs. 400.00 per month with effect from the date of the application, whereas Criminal Revision filed by the husband for setting aside of the aforesaid order passed by the Sub Divisional Judicial Magistrate, Khanna, was dismissed.

(2.) In brief facts relevant for the disposal of this petition as emerge from the application for grant of maintenance moved by the wife, are, that after the marriage between the parties in December, 1984, the wife was maltreated by her husband, his other relations including the mother. Her mother-in-law asked the wife to bring Rs. 10,000.00 from her parents even though her parents had given scooter, fridge, television and other articles of dowry at the time of her marriage. It is also alleged that the wife alone was allowed to attend the marriage of her cousin sister at Khanna in March, 1985. Her husband did not attend that marriage, nor, he come to bring her back to her matrimonial home. After waiting for a week or so the wife went to Chandigarh along with her brother. Her mother-in-law did not permit her to enter the house. Her husband, latter's sister and brother too came and abused the wife and her brother Harbhajan Singh. The wife then remained with her brother to her parents house and complained about the demand of Rs. 10,000.00 and ill-treatment meted out to her. Later on, her father and brother went to her husband and latter's mother, in order to persuade them to keep the wife amicably but they refused to keep the wife at her matrimonial home. Her father took panchayat in July, 1986 but her husband slipped out of the house on seeing that panchayat. Mother of the husband repeated the demand of Rs. 10,000.00. The wife had no income of her own and was unable to maintain herself, whereas, her husband was employed in the High Court of Punjab and Haryana and was earning Rs. 15,00.00 per month.

(3.) The husband admitted the factum of his marriage. The allegations that the husband had neglected and refused to maintain his wife, or, that lie or his other relations harassed or acted with cruelty towards the wife were specifically denied. It was further alleged that the wife took her jewelry and clothes when she left for attending her housing's marriage at Khanna. Thereafter, she never returned to her matrimonial home and has wilfully deserted him. It was also pleaded that the wife wanted the husband to live separately from his parents and only then she would come and live with him. She also got pregnancy terminated which caused mental torture to the husband. It was next alleged that the relations of the wife including Khushal Singh threatened the husband to accede to the demands of the wife or else to face the consequences. The husband admitted that he was only getting Rs. 1348.00 per month and that the wife who was living separately from him without any sufficient cause was not entitled to any maintenance.