JAGIR SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) PETITIONER -Jagir Singh (Husband) has filed this criminal revision against the order dated 7.5.2003 passed by Judicial Magistrate Ist Class, Ludhiana vide which an application filed by respondent- wife under Section 125 Cr.P.C. for grant of interim maintenance for herself and her two minor children, was allowed, and each of them was awarded interim maintenance at the rate of Rs. 500/- per month.

(2.) PETITIONER -husband is working as Carpenter in the PRTC and drawing salary Rs. 8000/- per month. In this case the marriage between petitioner and respondent No. 1 was solemnized in the year 1980. Out of this wedlock 3 children were born, one son and two daughters. One of the daughters was married and the remaining two children who are minor, are living with the respondent-wife. The case of the respondent-wife was that the petitioner usually remained under the influence of liquor. He was also used to consume other intoxicants like poppy husk, opium, etc. It was further alleged that petitioner had refused to maintain her and his children. Since the respondents were unable to maintain themselves, they filed an application for maintenance under Section 125 Cr.P.C.

(3.) IN this petition, counsel for the petitioner raised two-fold submissions, firstly, that since the petitioner has alleged that the respondent wife is living in adultery, therefore, no interim maintenance can be granted to her in view of amendment made in sub-section (4) of Section 125 Cr.P.C. by the Legislation vide Act No. 50 of 2001. Vide this amendment words "allowance for maintenance or the interim maintenance and expenses of proceedings, as the case may be", have been added in sub-section (4), which provide that no wife shall be entitled to receive an allowance for maintenance or interim maintenance if she is living in adultery. Learned counsel for the petitioner, thus, contends that intention of sub-section (4) is very much clear that no wife, who is living in adultery, shall be entitled to any allowance including interim maintenance. It is further contended that word "allowance" not only includes the initial maintenance amount, but includes the interim maintenance amount also. Therefore, the respondent-wife, in the case in hand, who is living in adultery, is not entitled to any allowance under sub-section (4) of Section 125 Cr.P.C. Secondly, he submitted that respondent No. 2 is major, therefore, she is not entitled for maintenance. However, he admitted that respondent No. 2 is still unmarried.