LAKHWINDER SINGH Vs. SUKHJIT KAUR

JUDGEMENT

(1.) The present petition has been directed against order dated 12.9.2012 passed by the Additional Sessions Judge, Sangrur whereby Sukhjit Kaur (respondent herein) has been allowed maintenance @ Rs. 3000/- per month from the date of application under Section 125 of the Code of Criminal Procedure (for short "the Code") and litigation expenses to the tune of Rs. 5000/-.

(2.) Briefly stated, marriage of the parties was solemnized in the year 1992 at village Rampur Chhanna, Tehsil Malerkotla. One son namely, Fatesh Singh was born out of the wedlock on 5.5.1994 and the child is staying with the petitioner-husband. As per allegations of the respondent, she was subject to torture including physical beatings by her husband. She was being compelled to transfer the land standing in the name of her father to the family of her in-laws. On 18.2.2005, at about 2.30/2.45 p.m. the husband inflicted two kulhari blows with an intention to kill her and the occurrence led to registration of FIR No. 33 dated 23.2.2005 under Sections 324, 323, 34 of the Indian Penal Code, 1860 at Police Station Sadar Nabha. The petitioner refused to rehabilitate the respondent in the matrimonial home unless the land of the respondent is transferred in the name of the petitioner. The petitioner refused to maintain the respondent and she is unable to maintain herself. The petitioner is stated to be a landlord and running a dairy farm, earning an amount of Rs. 50,000/- per month.

(3.) The learned trial Court after hearing counsel for the parties and perusing the records dismissed the petition by holding that the respondent left the matrimonial house without sufficient cause which disentitle her to claim maintenance from her husband.