SHARDHA NAND Vs. PREMO

JUDGEMENT

(1.) Smt. Premo, the petitioner (hereinafter referred to as the wife) filed an application under section 125 Cr.P.C. against Shardha Nand (hereinafter referred to as the husband) for grant of maintenance. It was claimed that they were married according to Hindu rites and ceremonies on 12.05.1960. It was further claimed that out of this wedlock, three sons and daughter were born out of whom one daughter had expired. The wife claimed that her husband had neglected her and on account of the same, she was residing separately. She claimed that her husband is a resourceful person and has been earning Rs.20,000/- per month from his agricultural land, which is situated in village Sisana. The wife has, therefore, prayed for Rs.5000/- per month as maintenance.

(2.) On the other hand, the husband had filed a detailed reply, in which he had denied the claim of the wife.

(3.) He has asserted that the application has been filed just to harass and humiliate him at the instigation of her sons Jagmender, Bijender and Jai Singh and daughter Bala. He claimed that he is 76 years of age and was not doing any work. According to him, his wife is getting Rs.500/- per month as old age pension. It is also added that father of his wife died leaving behind Smt. Premo and her two other sisters and at the time of death of her father, she inherited 1/3rd share in the estate left by him. He denied having an income of Rs.20,000/- per month. He rather claimed that he has no source of income after transferring his entire land in favour of his sons.