NIRMAL SINGH Vs. PASSI

JUDGEMENT

(1.) NIRMAL Singh petitioner was married to Smt. Passi respondent in the year 1973. After the marriage, the parties continued living as husband and wife in village Mianpur, Tehsil Tarn Taran, District Amritsar. A daughter named Sukhi was born to Smt. Passi from the loans of her husband Nirmal Singh. Matrimonial relations of the parties, however, did not remain smooth. Smt. Passi in her application, under Section 125 of the Cr.P.C. filed in the Court of Sub Divisional Magistrate, Tarn Taran against Nirmal Singh for claiming maintenance for herself and her daughter Sukhi, alleged that Nirmal Singh was not a man of good character and was a drunkard. He used to mal-treat and level charges of adultery against her. She, along with her minor daughter Sukhi, were ultimately driven out of the house and they went to her parents. She took Panchayat on more than one occasion to Nirmal Singh petitioner to keep her as his wife in his house, but he refused.

(2.) NIRMAL Singh admitted the factum of marriage and the birth of Sukhi to fassi from his loins. He refuted the allegations of Smt. Passi about the maltreatment or beatings. He stated that Smt. Passi was a woman of easy virtue and had sex relations with other people. One day when he came to his house he found Smt. Passi in a compromising position with a stranger, who later on was stated to be Surinder Singh of his village. Both were naked at that time. After that incident she left the house. In spite of these acts of immorality on her part, he was still willing to keep her as his wife and made efforts to persuade her to come to his house. He had applied for divorce which was granted ex parte in his favour. He offered that he was still willing to maintain her. He averred that he was an unskilled labourer and was not in sound financial position to maintain his wife and daughter.

(3.) NIRMAL Singh has filed this revision against the order of the learned Additional Sessions Judge, Amritsar granting maintenance to Smt. Passi and also against the order of Sub Divisional Judicial Magistrate, Tarn Taran granting maintenance to Sukhi.