BALVINDER SINGH Vs. PRITAM KAUR

JUDGEMENT

(1.) THIS Criminal revision arises out of the proceedings for maintenance under Section 125 of the Criminal Procedure Code, 1973, (for short the Code) initiated by the respondent Pritam Kaur. The Sub-Divisional Judicial Magistrate, Malerkotla, went into the matter and rejected her application for maintenance. Feeling aggrieved, she went up in revision and the same was allowed by the learned Additional Sessions Judge, Sangrur, on April 27, 1983, granting Rs. 150/- P.M. to her as maintenance allowance. Feeling dissatisfied, Balwinder Singh has now challenged that order in revision.

(2.) SMT . Pritam Kaur was married to Balwinder Singh and she remained with him for 4/5 years as his wife. It is alleged that sometime in the month of October,1977, Balwinder Singh gave beating to her and turned her out of his house. The respondent succeeded in obtaining a decree under Section 9 of the Hindu Marriage Act against the petitioner but that decree remained uncomplied as he did not care to keep her and thus he refused and neglected to maintain her since October, 1977. It is said that during the pendency of the proceedings, the petitioner obtained decree of divorce dated October 30, 1981 against the respondent from the Court of the learned District Judge, Patiala. The petitioner hotly contested the allegation of the respondent. The trial Magistrate feeling dissatisfied with the arguments advanced on behalf of the respondent, dismissed her application.

(3.) SUB -Section (4) of Section 125 of the Code provides for cases where a wife is to be denied maintenance on certain grounds notwithstanding the provisions of Section 125 (1) of the Code. A divorced spouses can not be characterised as a wife living separately by mutual consent. She is a person, who lives separately from her husband by virtue of a change in status consequent upon the dissolution of marriage. Explanation (b) of Section 125 of the Code reads :-