KULDEEP SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) PETITIONER Kuldeep Singh has filed this petition against Kulwant Kaur under Section 482 Cr.P.C. for setting aside the impugned orders dated 06.05.2013 and 03.02.2014 passed by learned Courts below and for staying the operation of the impugned orders.

(2.) IT is mainly stated in the petition that respondent Kulwant Kaur has filed a petition under Section 125 Cr.P.C. against petitioner Kuldeep Singh for grant of maintenance, in which she has alleged that she was married to the petitioner in 1961 at village Bera, P.S. Lokoke. From the very beginning, the attitude of the respondent (present petitioner) was not proper and he turned her out from her matrimonial house. He always treated her with cruelty and even kept a woman in his house without marriage. It is also stated in the application under Section 125 Cr.P.C. that petitioner has transferred land measuring 40 kanals 10 marls situated in village Khepar, Tehsil Dasuya, Hoshiarpur in favour of Palwinder Singh, Ranjit Singh, Manjit Singh and Iqbal Singh without any consideration only for the purpose of depriving her to claim maintenance. She has claimed Rs. 15,000/ - per month for her maintenance.

(3.) IN the reply to that application, all the allegations regarding cruelty, maltreatment etc. were denied by the respondent (present petitioner). He stated that petition filed by the respondent is not maintainable as she had already filed petition under Section 125 Cr.P.C. against him for grant of maintenance in the year 1979 which was dismissed on the ground that she was not ready to go with him and there was an ex parte decree for restitution of conjugal rights in his favour. It is further stated that respondent herself has withdrawn from his society and her matrimonial house, therefore, she cannot claim maintenance. It is also stated that appeal against order under Section 125 Cr.P.C. and then quashing petition under Section 482 Cr.P.C. were also dismissed at that time. Learned Judicial Magistrate Ist Class, Hoshiarpur allowed the application of the respondent holding that she is entitled to claim maintenance from the petitioner @ Rs. 3,000/ - per month w.e.f 22.02.2005 vide order dated 06.05.2013. Beside this, Rs. 5,000/ - was also allowed towards litigation expenses of the respondent. An appeal was filed by the present petitioner before learned Addl. Sessions Judge, Hoshiarpur, which was also dismissed vide order dated 03.02.2014.