LAWS(P&H)-1983-12-29

GURBACHAN SINGH Vs. GURMEET KAUR

Decided On December 12, 1983
GURBACHAN SINGH Appellant
V/S
GURMEET KAUR Respondents

JUDGEMENT

(1.) THIS revision arises out of maintenance proceedings initiated by Smt. Gurmit Kaur under Section 125 of the Code of Criminal Procedure, 1973 (for short, the Code). She filed an application for maintenance against her husband Gurbachan Singh and the same was dismissed by the Judicial Magistrate, Dasuya, on July 5, 1982. Feeling aggrieved Smt. Gurmit Kaur went up in revision and the same was allowed by the Additional Sessions Judge, Hoshiarpur, who vide his order dated September 30, 1982, granted her the maintenance allowance @ Rs. 100/- per mensem with effect from 5.9.1981. Feeling dissatisfied Gurbachan Singh has now come up in revision.

(2.) THE facts giving rise to this revision, briefly stated, are as follows. Smt. Gurmit Kaur was married to the petitioner on February 22, 1978, whereafter they lived together for about 2 years at village odhpur. In her application under Section 125 of the Code, claiming maintenance, she alleged that about 1-1/2 years back, she was maltreated by the petitioner and turned out of his house without any cause or excuse and thereafter she started living with her father at village Masit Pal Kot. The petitioner contested the application denying the allegations of neglect, refusal to maintain or cruelty though he admitted the marriage with Smt. Gurmit Kaur. He also offered to maintain her if she was agreeable to go and live with him.

(3.) 4. For these reasons I see no ground for interfering with the order passed by the Court below and consequently this petition fails and is dismissed but with no order as to costs.