LAVINDER PAL SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) Tersenessly, the facts and material, which need a necessary mention, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that the marriage of petitioner Lavinder Pal Singh (husband) was solemnized with Mohinder Kaur respondent No.1 (wife) on 17.1.1988, according to Sikh rites and ceremonies at Ludhiana. After solemnization of the marriage, they resided together, cohabited as husband & wife and two sons (respondent Nos.2 and 3) were born out of the said wedlock. After some time of the marriage, the husband and his parents were stated to have started harassing the wife for bringing less dowry articles and cash.

(2.) Levelling a variety of allegations and narrating the sequence of events, in all, the wife claimed that her husband turned her out of the matrimonial home in the month of February, 2001, in three wearing clothes and refused to maintain her as well as their children. Since then, they are residing at the mercy of her parents. In the background of these allegations, the wife and her two sons (respondent Nos.1 to 3) filed a petition (Annexure P4) for maintenance under section 125 Cr.PC. Since none appeared on their behalf, so, the maintenance petition was dismissed in default by the JMIC, by virtue of order dated 30.4.2007 (Annexure P2).

(3.) In the wake of application of the wife, the original petition under section 125 Cr.PC was restored to its original number by the JMIC, by means of impugned order dated 13.11.2009.