AMAR KAUR Vs. HARI SINGH

JUDGEMENT

(1.) THE brief facts leading to this revision petition are that the present Petitioner had filed an application in the Court of Judicial Magistrate 1st Class, Jagraon, under section 125 of the Code of Criminal Procedure, on her own behalf and on behalf of her minor son Baldev Singh, for the grant of maintenance allowance. According to the allegations contained in the application, Amar Kaur, petitioner was married with the respondent in the month of January, 1969. The respondent and his parents were not pleased with the dowry and were demanding more dowry. In December, 1971, Smt. Amar Kaur petitioner, gave birth to Baldev Singh and her parents gave the customary Chhuchhak to the respondent but his parents were not satisfied with that also. The respondent started beating and maltreating Smt. Amar Kaur for not bringing sufficient dowry at the time of marriage. Three years prior to the filing of the application on 6th of September, 1976, the respondent turned out the petitioner from his house. She along with her son Baldev Singh, came to her father's house and started living there. Smt. Amar Kaur and others approached the respondent many times to keep her but he refused to accede to the request. On 20 -11 -1975, Smt. Amar Kaur was taken by her father to the respondent's house, but the respondent's father gave heating to her father. The matter was reported to the police upon which security proceedings were taken against the respondent's father and brother. According to the petitioner, she was deserted and refused maintenance by the respondent. She claimed maintenance at the rule of Rs. 300/ - per month for herself and Rs. 200/ - per month for her son Baldev Singh.

(2.) THE respondent contested the allegations made by the 1etitioner and pleaded that he never misbehaved with the petitioner or maltreated her nor ever demanded any dowry; that he did not turn out. The petitioner, that on the other hand, she left his house in December, 1975 of her own free will and took all the ornaments; that at that time, he was in military service: that he came to his village from his place of posting on 11 -4 -1976 and found the petitioner absent from the house; that on 12 -4 -1976, he went to the petitioner's village and asked her parents to send her with him but the petitioner refused to accompany him and her parents also refused to send her with him.

(3.) THE learned Magistrate vide his order dated 29 5 -1917 held that Amar Kaur, petitioner, had not been deserted by the respondent and consequently, she was not entitled to any maintenance allowance. However, he granted maintenance allowance for Baldev Singh at the rate of Rs. 40/ - per month. The petitioner, Smt. Amar Kaur has filed this revision petition against the said order of the learned Magistrate.