LAWS(P&H)-1985-10-30

PRITAM SINGH Vs. RAJ SAINI

Decided On October 14, 1985
PRITAM SINGH Appellant
V/S
Raj Saini Respondents

JUDGEMENT

(1.) THIS revision petition has been preferred by Pritam Singh, a school teacher, against the order of the learned Additional Sessions Judge, Gurdaspur dated 7th August, 1984, whereby he enhanced the maintenance allowance granted to respondent No. 2 Narinder Singh, the minor son of respondent No. 1, from Rs. 70 to Rs. 100 and allowed maintenance allowance to the tune of Rs. 150 per month to respondent No. 1.

(2.) THE facts which gave rise to this petition are as follows. Respondent No. 1 who is admittedly the wife of the petitioner filed an application under Section 125 of the Code of Criminal Procedure for the grant of maintenance to her and her minor son Narinder Singh respondent No. 2 born out of the loins of the petitioner, on the ground that the petitioner had been maltreating her and had neglected and refused to maintain her. The learned trial Magistrate granted Rs. 70 per month as maintenance to Respondent No. 2 but turned down the prayer of Respondent No. 1 for the grant of maintenance allowance to her on the ground that she had of her own refused to live with the petitioner in spite of the bonafide offer made by the petitioner to her. The petitioner went in revision before the Court of Session against the grant of maintenance to Respondent No. 2 while two separate revision petitions were filed-one by Respondent No. 1 herself against the order of the learned trial Magistrate refusing maintenance to her and the other by Respondent No. 2 through Respondent No. 1 for the enhancement of the maintenance allowance granted to him. All the three revision petitions came up for final hearing before the Additional Sessions Judge, Gurdaspur who dismissed the petition filed by the petitioner against the grant of maintenance to Respondent No. 2 but allowed the other two revision petitions, i.e., the one filed by Respondent No. 1 and granted her maintenance allowance of Rs. 150 per month and in the second revision on behalf of Respondent No. 2 he enhanced the maintenance allowance from Rs. 70 to Rs. 100. Aggrieved by the order of the learned Additional Sessions Judge, the petitioner has now come up in revision in this Court.

(3.) FOR the reasons stated above, I do not find any force in the revision which is hereby dismissed.