DHARAM SINGH Vs. CHANDRO DEVI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16.9.1992 passed by the Sub Divisional Judicial Magistrate, Charkhi Dadri, by which Smt. Chandro has been allowed interim maintenance @ of Rs. 150/- per month from the date of institution of interim application i.e. 14-5-1992.

(2.) BRIEFLY stated the facts of the case are that Smt. Chandro Devi filed an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) against Dharam Singh petitioner, for maintenance allowance for herself and for her daughter Sushila Devi. In her petition Smt. Chandro Devi has alleged that she was married on 10th May, 1968 with Vir Singh brother of Dharam Singh, according to Hindu Rites at Tosham Town and on the same day marriage of Dharam Singh was also solemnised with Mam Kaur. She has further alleged that one son and one daughter has born to her out of the loins of Vir Singh and they are studying in school. She further alleged that no child was born to Mam Kaur wife of Dharam Singh that her husband Vir Singh died on 19-6-1981 that thereafter, Dharam Singh performed Karewa marriage with her on 12-5-1982 according to Hindu Rites and on the same day Dharam Singh and she became husband and wife that after Karewa marriage she and Dharam Singh had been living as husband and wife and had been performing matrimonial obligations and that after the marriage a daughter was born to her from the loins of Dharam Singh who is studying in class third and whose name is Sushila Devi. It is alleged that Dharam Singh is getting Rs. 900/- per month as pension and Rs. 1500/- per month as pay as he is working as peon in the Haryana Government. It is further alleged that Dharam Singh was appointed in June, 1987 by the Government of Haryana that he retired from the Military service in September, 1984 and that he has bought one kanal plot on 15-2-1985 in Jhoju Kalan. It is alleged that Dharam Singh is ill-tempered that he treats her with cruelty that he has turned her out of his house by giving beatings that she is living at Jhoju Kalan for the last 1/2 year and that Charan Singh has refused to maintain her. Smt. Chandro Devi has claimed maintenance at the rate of Rs. 150/- per month. In the prayer clause it was stated by Smt. Chandro Devi that she and her daughter he allowed maintenance allowance from the respondent.

(3.) SMT . Chandro Devi has filed a certificate from Head Master, Govt Middle School Jhoju Kalan, to the effect that the date of birth of Sushila Devi is 18-7-1983. She has also filed certificate from Addl District Registrar (Births and Deaths) Bhiwani wherein it is mentioned that Vir Singh son of Asa Ram died on 19-6-1981.