KARNAIL KAUR Vs. RAJA SINGH

JUDGEMENT

(1.) THIS is crl. misc. petition filed by Karnail Kaur against her husband Raj Singh under section 482 of the Code of Criminal Procedure whereby she has prayed that order dated 29.4.1994 passed by Judicial Magistrate I Class, Mansa and the order dated 26.7.1995 passed by the Additional District Judge, Mansa refusing to grant her maintenance under Section 125 Cr.P.C. be quashed and she be allowed maintenance against her husband.

(2.) KARNAIL Kaur instituted an application under Section 125 Cr.P.C. in the Court of Judicial Magistrate I class, Mansa against her husband Raja Singh claiming maintenance at the rate of Rs. 500/- per mensem from him on the allegations that she was married to him 13-14 years ago. She cohabited with him at village Dalelwala, Police station Jhunir, District Mansa. Unfortunately, no child was born to them. About nine years ago her sister Jarnail Kaur was driven out of his house by her husband Pala Singh. Pala Singh refused to keep her with him and maintain her. He neglected her. She and her sister Jarnail Kaur was married to Raja Singh and Pala Singh on the same day. Pala Singh and Raja Singh are real brothers. A few days after Jarnail Kaur had been tuned out of the matrimonial home by her husband Pala Singh, Raja Singh also turned her out of the matrimonial home. She and her sister filed separate applications under Section 125 Cr.P.C. in the Court of Judicial Magistrate I class, Mansa for obtaining maintenance. Raja Singh and Pala Singh filed petitions under section 9 of the Hindu Marriage Act against her and Jarnail Kaur respectively. In that petition, there took place compromise with her and her husband Raja Singh. Maintenance was, however, allowed to Jarnail Kaur against Pala Singh. After compromise she started cohabiting with her husband Raja Singh at village Dalewala. Raja Singh did not stop maltreating her. He gave her beatings unjustifiably. He used to compel her that she should ask her sister to withdrawn her application for maintenance. About two years ago she was drive out of matrimonial home by her husband and he refused to keep her in matrimonial home and maintain her. He wanted her that if she meant her rehabilitation in the matrimonial home she should ask her sister Jarnail Kaur to withdraw her application for maintenance or else he would not keep her in the matrimonial home nor maintain her. She came to village Chahlan i.e. her parental village as a neglected wife. About a month ago she took Ajmer Singh and Gurbachan Singh to village Dalelwala and made entreaties to her husband Raja Singh for her rehabilitation in her matrimonial home and maintain her but in vain. It was further alleged in this application that she had no means to maintain herself. Her husband on the other hand in able-bodied and owns agricultural land. Besides he is keeping buffaloes and selling milk. He earns not less than Rs. 50,000/- in a year. She claims maintenance to the tune of Rs. 500/- per month, in view of the rate at which the essentials of life can be had.

(3.) JUDICIAL Magistrate I class, Mansa, dismissed the application vide order dated 29.4.1994. Wife's revision petition was also dismissed by Additional District Judge, Mansa vide order dated 26.7.1995. Wife has not relented and has knocked the door of this Court through this criminal misc. petition seeking quashment of the aforesaid orders and grant of maintenance to her.