HARPREET SINGH Vs. HARMEET KAUR @ VIMMY & ANOTHER

JUDGEMENT

(1.) Harpreet Singh has filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) assailing order dated 21.01.2013 Annexure P-4 passed by learned Additional Sessions Judge, Ludhiana.

(2.) Respondents Harmeet Kaur @ Vimmy and Sarabpreet Singh, who are wife and son respectively of the petitioner, filed petition under Section 125 Cr.P.C. against the petitioner claiming maintenance. Respondent No.2 was minor at that time, but has now attained the age of majority. Respondents also claimed interim maintenance alleging that they have no source of income whereas the petitioner was running a soap factory and was earning more than Rs. 20,000/- per month.

(3.) The petitioner in his reply alleged that application under Section 125 Cr.P.C. was not maintainable because customary divorce/compromise has taken place between petitioner and respondent No.1 vide writing dated 28.11.2007 Annexure P-2 and the respondents were living separately from the petitioner of their own free will.