SANTOKH SINGH Vs. MANJEET KAUR

JUDGEMENT

(1.) Challenge in this petition is to the order dated 21.10.2014 (Annexure P-2) passed by Ms. Anshu Shukla, Additional Sessions Judge-cum-Judge, Special Court, Chandigarh, vide which the revision preferred by the Santokh Singh (now petitioner) was dismissed and the order dated 28.09.2011 (Annexure P-1) passed by Ms. Anupamish Modi, Judicial Magistrate Ist Class, Chandigarh, was upheld.

(2.) Briefly stated, Manjit Kaur (now respondent) filed a petition under Section 125 of the Code of Criminal Procedure (in short "the Cr.P.C") for grant of interim maintenance. She has pleaded therein that she was married with petitioner Santokh Singh on 09.05.1985 at village Mauli Kalan, District Patiala according to Hindu Rites and Ceremonies. Thereafter they settled in Manimajra, U.T. Chandigarh. There was no issue from the said wedlock. After some time of marriage, the petitioner started dealing the respondent with cruelty and later on he deserted her and as such, she was constrained to live with her sister on the first floor of House No. 643, Mohalla Mata Rajkaur, Manimajra, U.T Chandigarh as she had no other accommodation. Thereafter, she shifted with her brother's family at House No. 183/1, Pipliwala Town, Manimajra, U.T Chandgiarh. A divorce petition was filed by the present petitioner Santokh Singh which was finally rejected by the Hon'ble Supreme Court. The respondent Manjit Kaur in her petition under Section 125 Cr.P.C pleaded that petitioner Santokh Singh is in government job and is drawing salary of Rs. 15,000/- per month. He is also doing the job of plumber out of which he earns Rs. 8000/- per month. She further pleaded that she has no source of income being illiterate and she is dependent upon her sister, who too belongs to a poor family. Accordingly, maintenance of Rs. 5000/- per month was granted to the respondent Manjit Kaur.

(3.) The present petitioner Santokh Singh filed reply taking plea that earlier also respondent Manjit Kaur filed a petition under Section 125 Cr.P.C, which was dismissed vide order dated 29.04.1993 on the ground that she was living in adultery with Jaswant Singh and no appeal has been filed against the said order. It was further pleaded that Manjit Kaur is still living in adultery with Jaswant Singh, who is younger brother of petitioner Santokh Singh. He further took plea that earlier a civil suit u/s 18 of the Hindu Adoption and Maintenance Act was also filed which was dismissed vide order dated 12.08.2002 and a complaint filed by Manjit Kaur under Sections 406/498-A/323/506/384 of the Indian Penal Code was also dismissed vide order dated 12.12.1999. It was further alleged that the respondent is harassing the petitioner for the last 14 years with mala fide intention. She is living in adultery with Jaswant Singh since June/ July, 1990. It was admitted that petitioner is working as fitter in Public Health Department, Haryana but pleaded his salary as Rs. 4070/- per month. It was denied that petitioner is earning Rs. 8000/- per month from plumber work. It was further pleaded that respondent has rented out the house and is getting Rs. 5000/- per month as rent.