SHER SINGH Vs. BHATERI

JUDGEMENT

(1.) This revision petition is filed against the order of the learned Additional Sessions Judge, Bhiwani in Criminal Revision No.4 of 1992 dated 17-1-1994, awarding a sum of Rs. 300/- per month to the respondents herein.

(2.) The first respondent is the wife of the petitioner and respondents 2 and 3 are his sons. The respondents filed an application before the Judicial Magistrate 1st Class, Bhiwani in Case No. 31-4 of 1986 for maintenance under Section 125 of Criminal Procedure Code on the ground that the petitioner who is the husband of the first respondent and father of respondents 2 and 3 refused and neglected to maintain them. The petitioner admitted that the first respondent is his wife and respondents 2 and 3 are his sons. According to him, he is having another son, Vikram Singh, who is serving in the army and he has been sending his salary to the first respondent and his wife is also earning from the agricultural land belonging to the petitioner. The house and agricultural land of the petitioner were also taken into possession by the first respondent and that he is getting pension of Rs. 446/- and, therefore, he has no means to pay anything to the respondents.

(3.) The learned Judicial Magistrate 1st Class, Bhiwani by his order dated 13-2-1992 dismissed the PUNJAB Page 2 of 3 application filed by the respondents for grant of maintenance under Section 125 of Criminal Procedure Code. Aggrieved by the same, the respondents had filed revision petition in the said court of the Additional Sessions Judge, Bhiwani, who allowed the petition and awarded a sum of Rs. 100/- per month to the respondents towards maintenance.