AJIT SINGH Vs. KANWARJIT KAUR

JUDGEMENT

(1.) Two petitions have been filed under Section 482 Cr.P.C. seeking quashing of the order dated 29.8.2014 passed by the Additional Sessions Judge, Patiala who dismissed the revision petitions filed against the order of the Magistrate who had awarded Rs. 5,000/- as maintenance to the wife in a petition filed under Section 125 Cr.P.C. on 7.12.2013.

(2.) Kanwarjit Kaur was married to Ajit Singh on 27.11.1996. No child was born to them. A petition under Section 125 Cr.P.C. was filed in July 2005 seeking maintenance. The petitioner had claimed that she did not have any income and was being maintained by her father. The husband was stated to be working as a Clerk in the SDM's office. The husband took the plea that the petitioner did not have a liking for him and she lived with him only for 11/2 month after marriage and used to pick up quarrels. The father of the wife was a Sub-Inspector in the Police Department and used to visit his house every week on Sunday and used to spend the entire day in his house. Pargat Singh took his daughter after 11/2 months of the marriage. The wife returned to stay for few months and then again returned to her parents house in May 1997. The husband led evidence to show that divorce had been granted. The certified copies of the orders were placed on record.

(3.) The main plea of the husband was that the wife had left the company of the respondent without sufficient cause and a decree of divorce had been passed on the ground of desertion, therefore, she was not entitled to any maintenance. The trial Court recorded a finding that the divorce decree had not become final as the matter was pending in first Appeal and it was not a case where the wife was living in adultery and even a divorced wife was entitled to maintenance. Considering the material that was produced before it, a sum of Rs. 5,000/- per month as maintenance was granted from the date of the order i.e. 07.12.2013. Both Ajit Singh and Kanwarjit Kaur preferred revisions which were dismissed by the Additional Sessions Judge on 29.8.2014.