HARBANS SINGH KHOSLA Vs. MST GURDEV KAUR

JUDGEMENT

(1.) THIS criminal revision filed by Harbans Singh Khosla is directed against the order of learned Additional Sessions Judge, Faridkot, affirming on revision the order of the trial Magistrate whereby the objections of the petitioner were dismissed.

(2.) THE brief facts of the case are that Harbana Singh petitioner is the husband of Gurdev Kaur respondent. During the course of the wedlock, Gurdev Kaur gave birth to two children, Ravinder Singh and Kulwinder Kaur who are both minor. On an application under Section 488 of the Criminal P. C. , filed by Gurdev Kaur on her own behalf as well as on behalf of her two minor children, Magistrate I Class, Faridkot, passed an order on 17th May, 1962 directing Harbans Singh petitioner to pay Rs. 136/- per mensem as maintenance allowance for Gurdev Kaur and the two minor children. Perusal of the Order goes to show that it was based upon the statement of Harbans Singh petitioner.

(3.) AS Harbans Singh did not pay the arrears of the maintenance allowance which amounted to Ks 1,625/- in pursuance of the above order, Gurdev Kaur filed an application for realization of the aforesaid amount. Objections were filed on behalf of Harbana Singh in that application that the amount was not recoverable because the compromise in the earlier application under U. 488 of the Criminal P. C. , had been brought about by undue influence and coercion. It was also stated that Harbans Singh had filed a civil suit challenging the validity of the order dated 17th May, 1982. Prayer was, accordingly, made that the proceedings for the recovery of the maintenance allowance be stayed till the decision of the civil suit. These objections were dismissed by the trial Magistrate. Revision filed by the petitioner against the order of the trial Magistrate was also dismissed.