MOHINDER KAUR Vs. BHOLA SINGH

JUDGEMENT

(1.) MOHINDER Kaur petitioner was married to Dr. Bhola Singh respondent in March, 1980. Hardeep Singh was born out of this wedlock and living with petitioner Mohinder Kaur.

(2.) SHE preferred an application under Section 125 of the Code of Criminal Procedure (hereinafter called the Code) for the grant of maintenance allowance pleading, inter alia, that her parents had spent huge amount on her marriage with the respondent. After four years of the marriage, the younger sister of petitioner was married with the brother of the respondent. Once again sufficient dowry articles were given. However, respondent and his brother were not satisfied with the dowry and they started maltreating the petitioner for bringing insufficient dowry. In June 1985, the petitioner and her son were turned out of the house by the respondent and she was given severe beating. The father of the petitioner along with respectables of the village went to the respondent. Thereafter petitioner started living with the respondent. After one month she was again mal-treated and was beaten everyday. She has been living separately from respondent since January, 1986 and respondent makes persistent demand of rupees one lac to be paid. One these broad facts, petitioner under Section 125 of the Code seeking maintenance has been filed.

(3.) THE learned Judicial Magistrate on appraisal of the evidence, allowed the application and directed the respondent to pay maintenance of rupees four hundred per month to petitioner and rupees two hundred per month to Hardeep Singh from the date of the order.