JANGIR KAUR Vs. HARNEK SINGH

JUDGEMENT

(1.) Jangir Kaur, petitioner, through this petition under Section 482 of the Code of Criminal Procedure, 1973, seeks the quashment of the order dated 1.9.1987 of the Judicial Magistrate, Nabha, copy Annexure P-2, rejecting her petition for awarding maintenance under Section 125 of the Code of Criminal Procedure as well as of the Additional Sessions Judge, Patiala, copy Annexure P-1, dismissing her revision against the order of the Judicial Magistrate, inter alia, on the ground of both the courts having failed to appreciate the evidence of the witnesses in the right context.

(2.) The brief resume of facts relevant for the disposal of this petition is that Jangir Kaur, petitioner, is an old lady of about 60 years. It is the admitted case of the parties that Jangir Kaur, petitioner, had married Harnek Singh, respondent, and they were blessed with three children, including Mohinder Singh (P.W. 2) and Jaswinder Kaur (RW. 3). Both these children are also married about two years prior to the filing of the application under Section 125 of the Code of Criminal Procedure. The petitioner was turned out of her matrimonial house by her husband due to some domestic dispute. The petitioner then started residing with her brother in village Khanaure. She tried to effect a reconciliation with her husband through the intervention of some respectables but the adamant attitude of the husband did not allow any reconciliation between the parties. She filed the petition claiming maintenance to the tune of Rs. 500/- per month contending that she has no source of income and that her husband owns about 70 bighas of land and his yearly income is Rs. 25,000/-. The husband resisted the application contending that he had never turned out his wife. On the other hand, it was maintained that she had deserted him of her own accord. It is further stated that the wife was demanding the transfer of two killas of land in her name as a pre-condition to reside with the husband but on latters refusal to do so, she had left the house of her own accord. It is further stated that the petitioner is running a milk diary and having an income of Rs. 1,000/- per month therefrom.

(3.) The learned Judicial Magistrate, Nabha, vide his order, copy Annexure P-2, dismissed the petition of the wife for maintenance by holding that she had left her husband of her own accord when he refused to transfer two killas of land in her name. The evidence of Mohinder Singh and Jaswinder Kaur children of the parties supporting the version of the husband was also used in this regard. The revision petition filed by Mst. Jangir Kaur was also dismissed by the Additional Sessions Judge, Patiala, while agreeing with the findings of the trial court.