JAGDISH CHANDER TOOR Vs. SHASHI KALA

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 24.8.1993 of the Chief Judicial Magistrate, Sonepat allowing maintenance allowance under Section 125 of the Code of Criminal Procedure to the respondent.

(2.) The petitioner-husband (hereinafter the husband) was married to respondent No. 1 (hereinafter the wife) on July 4, 1971. Out of the wedlock, a son and a daughter were born who were aged 8 and 7 years respectively, on the day, when the application under Section 125 of the Code of Criminal Procedure was filed. The husband filed petitions for dissolution of marriage, divorce and for the custody of the minor children. These petitions were dismissed. Thereafter the wife filed a petition for maintenance on the ground that she had been deserted by her husband and she had no independent source of livelihood and she could not maintain herself and her minor children. She also stated that she was willing to return to the matrimonial home but the husband had refused to rehabilitate her.

(3.) The husband controverted the pleas of the wife and inter alia pleaded that the wife had been dis-respectful to him and his parents. He did not accept the offer of the wife that she was willing to live with him. The husband did not lead any evidence.