SURJIT KAUR Vs. GURNAM SINGH

JUDGEMENT

(1.) The petitioner is seeking quashing of order dated 20.08.2013 passed by the learned Sessions Judge, Ludhiana by virtue of which the appeal filed by the respondent-husband against the order dated 30.01.2013 passed by the Magistrate fixing the maintenance of petitioner-wife @ Rs.1000.00 per month, has been set aside and the petition filed under Sec. 125 Crimial P.C. has been dismissed. The petitioner is also seeking enhancement of maintenance amount to Rs.2000.00 per month.

(2.) The petitioner was married to respondent in the year 1951 and out of the wedlock six children were born. The wife filed the petition under Section 125 Crimial P.C. in the year 2007 claiming that she had been deserted by the husband since 1986 and she is living with her son Sukhwinder Singh. It was claimed that the husband had retired from the Army and getting Rs.5000.00 per month as pension. Maintenance to the tune of L 2000.00 per month was sought.

(3.) The respondent-husband contested the petition. The relationship and separation was admitted. It was claimed that the wife was living separately for no reasonable cause and had left the company of the husband when he was bed ridden due to a fractured leg. It was averred that he is getting Rs.300.00 per month as pension from Army from where he retired on 01.02.1946.