DHARAM SINGH Vs. CHANDRO DEVI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16. 9. 1992 passed by the Sub-divisional Judicial Magistrate, Charkhi Jadri, by which Smt. Chandro has been allowed interim maintenance @ of Rs. 150/- per month from the date of institution of interim application i. e. 14. 5. 1992.

(2.) BRIEFLY stated the facts of the case are that Smt. Chandro Devi filed an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') against Dharam Singh--petitioner, for maintenance allowance for herself and for her daughter Sushila Devi. In her petition Smt. Chandro Devi has alleged that she was married on 10th May, 1968 with Vir Singh brother of Dharam Singh, according to Hindu Rites at Tosham Town and on the same day marriage of Dharam Singh was also solemnised with Mam Kaur. She has further alleged that one son and one daughter has born to her out of the loins of Vir Singh and they are studying in school. She further alleged that no child was born to Mam Kaur wife of Dharam Singh; that her husband Vir Singh died on 19. 6. 1981; that thereafter, Dharam Singh performed Karewa marriage with her on 12. 5. 1982 according to Hindu Rites and on the same day Dharam Singh and she became husband and wife; that after Karewa marriage she and Dharam Singh had been living as husband and wife and had been performing matrimonial obligations; and that after the marriage a daughter was born to her from the loins of Dharam Singh who is studying in class third and whose name is Sushila Devi. It is alleged that Dharam Singh is getting Rs. 900/-per month as pension and Rs. 1500/- per month as pay as he is working as peon in the Haryana Government, It is further alleged that Dharam Singh was appointed in June, 1987 by the Government of Haryana; that he retired from the Military service in September, 1984 and that he has bought one kanal plot on 15. 2. 1985 in Jhoju Kalan. It is alleged that Dharam Singh is ill-tempered; that he treats her with cruelty; that he has turned her out of his house by giving beatings that she is living at Jhoju Kalan for the last 1/2 year and that Dharam Singh has requested to maintain her. Smt. Chandro Devi has claimed maintenance at the rate of Rs. 150/per month. In the prayer clause it was stated by Smt. Chandro Devi that she and her daughter be allowed maintenance allowance from the respondent.

(3.) DHARAM Singh filed written statement stating that Mam Kaur, his wife had not been blessed with any issue till the year 1981. He has admitted the death of Vir Singh, husband of Smt. Chandro Devi. He has denied the Karewa marriage with Smt. Chandro. He further stated that he has no concern whatsoever with Smt. Chandro Devi; that his legally wedded wife is still alive who is discharging the matrimonial obligations and that Smt. Mam Kaur had given birth to three sons from his loins. He further stated that Smt. Chandro Devi and her husband owned separate house and lived there with her children; that she has got a separate ration card; that she has been shown as wife of Vir Singh in the voters list and that she is drawing pension being widow of Vir Singh. Dharam Singh further stated in the written statement that she is an ex-serviceman and that in the discharge certificate also the name of his wife is shown as Mam Kaur and the photographs of Mam Kaur and that of Dharam Singh appear on it. It is further stated therein that his marriage if any with Smt. Chandro Devi is void because Mam Kaur, his legally wedded wife, is alive. In para of the written statement it has been alleged that no marriage in any form was ever solemnised between the petitioner and Smt. Chandro Devi nor did there exist any relationship of husband and wife between the parties. He has also stated that it is incorrect that a girl was born from the wed-lock of petitioner and Smt. Chandro Devi.