INDERJIT SINGH Vs. GANGA DEVI

JUDGEMENT

(1.) HUSBAND has filed this petition assailing the trial Court's impugned order passed under Section 125 Cr.P.C.

(2.) THE facts of the case are that respondent Ganga Devi and her minor daughter Sonwati filed a petition under Section 125 Cr. P.C claiming maintenance from the petitioner on the ground that Ganga Devi and the petitioner were married 15 years ago by Kareva form of marriage. thereafter Ganga Devi gave birth to Sonwati in this wedlock. The petitioner is neglecting and refusing to maintain them. Hence she prayed for maintenance for herself as well as her minor daughter.

(3.) THE petitioner denied these allegations. He inter alia pleaded that he was never married to respondent No. 1 by Kareva form of marriage and Sonwati is not his daughter. But during the pendency of the petition in Lok Adalat on October 14, 1993; the petitioner gave a statement in the Court that he would maintain both the respondents and pay Rs. 250/ - to them as maintenance till the marriage of Sonwati and also bear the expenses of the marriage of Sonwati. He also agreed to give half portion of his house for residence of the respondents. In view of this statement Mr. M.S. Malik, Advocate, was appointed as referee to suggest how the petitioner's house could be divided. The referee submitted his report on October, 28, 1993. After the submission of the report, the petitioner took time to consider the report and thereafter he filed a petition to withdraw his statement given on October 14, 1993. The Magistrate rejected the petition and on November 22, 1993, allowed the respondents petition directing the petitioner to pay them Rs. 250/ - per month as maintenance till the marriage of Sonwati, which is to be performed by the petitioner on her attaining majority. He also directed that the respondents would reside in portion shown in yellow colour in the site plan prepared by the referee of the house of the petitioner.