DALIP SINGH Vs. SMT. BALWINDER KAUR AND OTHERS

JUDGEMENT

(1.) THIS is a revision petition filed by Dalip Singh, son of Kirpa Singh, resident of village Ganj Singh Pura, District Ganganagar, Rajasthan, against the judgment dated May 30. 1972, of the Additional Sessions Judge, Ferozepore, dismissing his revision against the judgment dated July 19, 1971 of the Judicial Magistrate 1st Class, Zira, by which he sentenced him to 12 months' imprisonment for non payment of the arrears of maintenance to his wife and children and directing that a warrant of his arrest be issued.

(2.) THE facts of this case are that the Judicial Magistrate, Zira, by order dated September 13, 1962 had directed the petitioner, Dalip Singh to pay maintenance at the rate of Rs. 25/ - per mensem to his wife Balwinder Kaur and at the rate of Rs. 15/ - per mensem to each of his children, respondents 2 to 5. Balwinder Kaur and her children made an application in the Court of the Judicial Magistrate, Zira, for the realisation of Rs. 1020/ - as arrears of maintenance for the period from 16th February, 1970 to 16th February, 1971. Notice of this application was issued by the Magistrate to Dalip Singh who filed objections under section 488(1), Criminal Procedure Code alleging that he was suffering from tuberculosis and his income had decreased and it was about less than Rs. 100/ -and, therefore, the rate of maintenance should be decreased. He averred that his son Sukhwant Singh was aged 23 years of age and was employed as a linesman in the Electricity Department and was getting more than Rs. 200/ - P M. and so he could not recover the maintenance allowance from him. He further alleged that land was purchased in the names of Balwinder Kaur, Sukhwant Singh and Karamjit Singh and mutation was attested in their favour on January 28, 1961, and the annual income of that land was Rs. 3000/ - and therefore, this order of maintenance in favour of the respondents should be cancelled. This petition was contested by Balwinder Kaur and her children. After hearing the counsel for the parties, the Magistrate rejected the objection petition and sentenced Dalip Singh to imprisonment for a period of 12 months and directed that a warrant of arrest may be issued and he may be sent to the Judicial lock -up as provided in section 488, Criminal Procedure Code. Against this order the petitioner filed a revision petition in the Court of the Additional Sessions Judge who dismissed the same on May 30, 1972. Thereafter this revision petition was filed in the High Court.

(3.) IT was held in Rangaiah v. Rukmini Bai, 1972 M.L.J. (Cr.) 360: