KAMALDEEP KAUR Vs. BALWINDER SINGH

JUDGEMENT

(1.) Smt. Kamaldeep Kaur wife of Balwinder Singh and her minor daughter have filed this petition under Section 482 Cr. P.C. for quashing of the order dated 6-1-2003 passed by the Additional Sessions Judge, Patiala vide which the amount of maintenance awarded to them at the rate of Rs. 1500/- and Rs. 1000/-, respectively, by the Judicial Magistrate 1st Class, Patiala under Section 125 Cr. P.C. has been reduced to Rs. 500/- each.

(2.) In this case, the marriage of petitioner No. 1 was solemnised with the respondent on 9-5-1977. From this wedlock, a female child (petitioner No. 2) was born on 5-3- 1998, who is now aged about 7 years. Petitioner No. 1 was a housewife while the respondent was working as stenographer in the office of Punjab State Electricity Board, Patiala. It is the case of the petitioners that after the marriage, the respondent husband and his family members started harassing petitioner No. 1 and gave beating to her on account of demand of dowry. In this regard, a criminal case was also registered against the respondent. It was alleged that after giving merciless beating to petitioner No. 1 she was thrown out of her matrimonial home along with the minor child on 17-5-1999, and since then she is living with her parents at their mercy. The petitioners were unable to maintain themselves as they have no source of income and the respondent has refused to maintain them. It was pleaded that the respondent is owning a residential house at Patiala and is getting monthly salary of more than Rs. 6000/- per month.

(3.) The respondent husband contested the aforesaid petition on the ground that petitioner No. 1 herself has deserted the respondent. She herself went to her parents house along with the child. It was denied that the husband or his family members ever gave any beating to petitioner No. 1. It was further averred that petitioner No. 1 is doing tailoring work and earning Rs. 3000/- per month. Therefore, it cannot be said that she is not able to maintain herself and her child.