JAGJIT SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) JAGJIT Singh of village Dholewal was married to Paramjit Kaur of village Dhadde Fateh Singh, district Hoshiarpur on 19.3.1978. The couple was blessed with a daughter in January, 1980 and with a son in August, 1982. Sometime in 1982, the husband proceeded to Jordan and continued there till June, 1984 where he earned a lot of money and on return, he again started maltreating wife considering that she was not a good looking girl. It has been alleged that all her ornaments and valuables were retained by the husband and the two children as well but she was turned out and is now passing her time at the house of her parents. She claimed maintenance under Section 125 of the Code of Criminal Procedure and it remained pending from 6.5.1987 till 9.1.1990 when the Additional Chief Judicial Magistrate, Hoshiarpur fixed it at the rate of Rs. 225/-.SICK WORD) p.m. The wife felt dissatisfied and she moved a revision and the learned Additional Sessions Judge, Hoshiarpur has fixed it at the rate of Rs. 350/- p.m. by his order dated 30.8.1990. The aggrieved husband has come to this court and has challenged the order of the learned Additional Sessions Judge, Hoshiarpur enhancing the maintenance allowance.

(2.) IT is an admitted fact that on the one hand, the two children born out of the wedlock are maintained by the husband Jagjit Singh and on the other hand. Paramjit Kaur contested a divorce petition which was moved by the husband and this petition under Section 13 of the Hindu Marriage Act was dismissed by the Additional District Judge, Hoshiarpur on 20.3.1987.

(3.) AFTER considering the fact that the two children are maintained by the husband, in the circumstances of the Case, the present petition is partly accepted and the impugned order is modified only to the extent that the maintenance shall be payable by the husband at the rate of Rs. 300/- p.m. to the wife. Petition partly allowed.