SWARAN SINGH Vs. SUPINDER KAUR

JUDGEMENT

(1.) THIS is a revision filed by Swaran Singh directed against the order passed by learned Additional Sessions Judge, Sirsa dated 27.5.1994. By virtue of the impugned order the learned Addl. Sessions Judge accepted the revision and set aside the impugned order. Maintenance was allowed to the respondent at Rs. 500/- per month w.e.f. 28.5.1991 when the respondent had filed the petition under Section 125 of the Code of Criminal Procedure.

(2.) RESPONDENT -Supinder Kaur was married to the petitioner on 14.10.1984 at Mandi Dabwali. It is alleged that after some time the petitioner had sold the scooter given in dowry and started raising a demand of Rs. 15,000/- so as to purchase a new scooter. He assaulted the respondent and turned her out of the house, pressing for his demand of Rs. 15,000/- in cash. A panchayat was called and matter was settled at Rs. 10,000/-. The amount was paid to the petitioner. The petitioner was thereafter employed. After some time another demand of Rs. 50,000/- was made from the respondent so that petitioner could purchase a plot for construction of a house. The respondent was beaten and turned out of the house. Another panchayat was convened. The petitioner and his parents admitted their fault. However, after some time the demand of Rs. 50,000/- was repeated and the respondent was assaulted. It is alleged by the respondent that besides that petitioner has refused and neglected to maintain her.

(3.) LEARNED Judicial Magistrate dismissed the petition filed by the respondent observing that in the affidavit filed by the respondent she had voluntarily consented to live separately and therefore could not claim maintenance. Reliance was placed on sub-section 4 to section 125 of the Code of Criminal Procedure. Respondent preferred the revision petition. The learned Additional Sessions Judge accepted the revision and set aside the orders passed by the learned Judicial Magistrate.