LAWS(P&H)-2012-11-355

SAROJ AND ORS Vs. NARENDER KUMAR

Decided On November 20, 2012
SAROJ AND ORS; NARENDER KUMAR Appellant
V/S
NARENDER KUMAR; SUNITA ALIAS BABITA AND ANR Respondents

JUDGEMENT

(1.) Criminal revision petition no. 3222 of 2010 is brought by Smt. Saroj and others, the petitioners challenging the order dated 15.02.2010 passed by learned District Judge, (Family Court), Bhiwani and the other petition detailed as above has been brought by Narender Kumar, against Sunita @ Babita and Seema, his two daughters challenging the order dated 14.01.2011 vide which petition under section 127 Cr.P.C. has been partly allowed holding that Manish has attained the age of majority and, therefore, he was not entitled to be maintained by the petitioner Narender Kumar from the date of his attaining the age of majority and dismissing the petition qua Sunita @ Babita and Seema, the two daughters.

(2.) Smt. Saroj, petitioner no.1 was married with Narender Kumar, the respondent about 22 years ago as per Hindu rites. Thereafter, the two lived together. Marriage was consummated and four children namely Babita, Seema, Manish and Basant were born out of the wedlock. Babita is aged 20 years while Seema is 16 years, Manish is aged 14 years and Basant is aged 11 years. All are claimed to be students. They resided together at M-40 Old Bharat Nagar, Bhiwani. The respondent had been a drunkard. He started harassing petitioner no.1 without any reason and he did not even pay any maintenance allowance to her for herself and four children. A year back, the respondent started residing separately at another locality at Kirti Nagar, Bhiwani. Petitioner no.1 claimed herself to be doing labour work and her co-petitioners were studying. She was unable to bear their expenses. The respondent is said to be serving in D.H.B.V.N.L. and drawing a salary of 16,000 or 17,000 rupees per month. It is claimed that he is deliberately not paying maintenance allowance to the petitioners.

(3.) In the reply, the respondent admitted his marriage with petitioner no.1 and his begetting four children from her. He has claimed that petitioner no.1 is a woman of loose character who alongwith other petitioners had thrown him out of his own house. The other allegations were denied and the petition was prayed to be dismissed.