(1.) THE facts leading to this petition under section 482, Criminal Procedure Code, are that Smt. Chhindo respondent on her own behalf and on behalf of her minor son Pala Singh (respondent No.2) had filed an application under section 125 of the Code of Criminal Procedure (for short the Code) against her husband i.e. the present petitioner Baggu Singh for the grant of maintenance allowance to both of them.
(2.) ACCORDING to the allegations in the said application, the marriage between Smt. Chhindo and the petitioner took place on the 13th August, 1976. They cohabited as husband and wife for about 1 1/2 years and Pala Singh was born. However, the petitioner commended demanding more dowry. When she was unable to meet his demands, he started mal-treating her and ultimately turned her out of his house with the minor son and since then she was residing with her parents. Her paretns requested the petitioner to keep and mainatain her but he refused to do so. She had no means to support herself.
(3.) THE learned Judicial Magistate,Ist Class, Ferozepur, who tried the application of Smt. Chhindo, believed the evidence led by her to the effect that she had been deserted by her husban. During evidence the husband had proved a writing, Exhibit R.1 which was signed by the fathers of the parties to the marriage and some other respectables of the llaqa. This writing was exectuted on the 10th December, 1980. According to this writing,the husband's family had returned all the dowry articles received by them at the time of marriage with Smt. Chhindo. It was also decided by the Panchayat that the son (Pala Singh) would remain with his mother (i.e. Smt. Chhindo and from that date of parties (i.e. Smi Chhindo and Baggu Singh) would be deemed to be divorced and were free to marry again. The learned trial Court did not Act upon that writing (Exhibit R.1) on the ground that it did not formally dissove the marriage. Consequently the said Court accepted the application of Smt. Chhindo and awarded Rs. 100/- p.m. as maintenance to her and Rs. 50 p.m. to Pala Singh.