BALBIR SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) BALBIR Singh has come up in revision against the order dated August 29, 1989 passed by Additional sessions Judge, Faridkot vide which the order of Shri Baldev Singh Chief Judicial Magistrate was modified and maintenance of Rs. 100/- was awarded to each of the respondents.

(2.) BALWINDER Kaur the wife and Gurtej Singh and Nirbhai Singh minor children of Balbir Singh, petitioner brought the application under Section 125 Cr.P.C. claiming maintenance on the ground that Balbir Singh had deserted them and refused to maintain them. The marriage of Balwinder Kaur was solemnised with Balbir Singh about 20 years earlier and out of the wed-lock three children were born. The petitioner was addicted to take intoxicating pills and whenever she tried to restrain him, he used to give her beatings. That she had no source of income and was unable to maintain herself and her children.

(3.) THE Magistrate after appreciating the evidence held Balwinder Kaur not entitled to any maintenance but awarded maintenance of Rs., 150/- to Nirbhai Singh minor. Not satisfied with this order both the parties went in revision which were disposed of by Shri H. R. Nohria, Additional Sessions Judge, Faridkot vide the impugned judgment.