AJAIB DIN Vs. JANKI

JUDGEMENT

(1.) In this Revision petition Ajaib Din Petitioner has prayed that the judgment dated June 3, 1991 of the learned Additional Sessions Judge Roper, be set aside and the order of the trail Court i.e. Judicial Magistrate. First Class, Ropar, Dated November 30, 1987, he restored,

(2.) Janki respondent filed an application under section 125 of the Code of Criminal Procedure (hereinafter called the Code), alleging therein that she was earlier married with Ram Sarup. From the loins of Ram Sarup, she gave birth to three children and to her ill-luck Ram Sarup died in 19974. She then stated in the application that after the demise of Ram Sarup, she remarried with Ajaib Din, respondent petitioner, Ajaib Din is the elder brother of Ram Sarupl, her previous husband. It is then alleged in the application that from the loins of Ajaib Din, the present petitioner, she gave birth to a son his din on may 14, 1977 at Village Kurdi. She has furthers alleged that from the very beginning of the marriage, the behaviour of respondent- petitioner towards and her three children from the loins of Ram Sarup was quite cool domant. She was subjected to all sorts of cruelty. Ajaib Din used to say that it was only under the pressure of the brother hood, parents, family members that he had agreed to marry her but actually from the core of his heart he disliked the applicant Janki. Ultimately she was shown the door from the marital abode by Ajaib Din in three clothes and all her ornaments were retained by him Despite persuasion by her father and relations, including the respectable, Ajaib Din did not take her back. To the contrary, rather he re-married a Muslim girl Narati from Village Karanpur Jhungian. Thus, she was presently residing with her father having been deserted by Ajaib Din who had neglected to maintain her in spite of repeated demands. Ajaib Din had good source of income and was employed as a Foreman in a factory drawing salary of Rs. 1500/- per month. He was also running a milk dairy from which he was canning Rs. 2000/- per month. He was also maintaining a motorcycle. She ultimately claimed maintenance from her husband Ajaib Din at the rate of Rs.500/- per month.

(3.) Upon notice of the application filed by Janki, the factum of re-marriage with her after the demise of Ram Sarup, brother of Ajaib Din was denied and it was pleaded that she was a women of case virtue. She had left the children at the house and went to her parental abode. Two sons and two daughters of the applicant-Janki were residing with Ajaib din and were maintained by him. It was then pleaded by him that he tried his best persuade her to come back and look after her children, but to no avail.