RAVINDER KUMAR Vs. SUNITA

JUDGEMENT

(1.) THIS is a petition under Section 482, Code of Criminal Procedure, for quashing the application under Section 125, Code of Criminal Procedure, filed by respondent No. 1, pending in the Court of Judicial Magistrate Ist Class, Amritsar.

(2.) THE marriage between the petitioner and respondent No. 1 was solemnised according to Hindu rites on February 7, 1993 at Amritsar. The parties fell apart and a maintenance of Rs. 200/- per month was fixed by the trial Court at Amritsar to be paid by the petitioner to respondent No. 1. However, during the pendency of proceedings, it is alleged that respondent No. 1 contracted a second marriage on May 15, 1994 without getting the first marriage dissolved from the competent Court. Further, it is contended that respondent No. 1 has also borne two children out of the second wedlock. The first child was allegedly born on February 19, 1995. Thus, it shows that respondent No. 1 is living in adultery.

(3.) A perusal of the aforesaid section makes it abundantly clear that if the wife is living in adultery, then she shall not be entitled to receive any allowance from her husband.