RANBIR KAUR ALIAS HARJIT KAUR Vs. GURNAM SINGH

JUDGEMENT

(1.) PETITIONER Ranbir Kaur was married to the respondent on 15.3.1987. They were blessed with two children Hardev Singh and Harwinder Singh. Hardev Singh has since died. In February, 1992 the petitioner was turned out of matrimonial house. She filed a petition under section 125 of the Code of Criminal Procedure for grant of the maintenance for herself and for the minor child. the respondent contested the same alleging that the petitioner is not his legally wedded wife. He had developed intimacy with the petitioner. She started living in his house. There was a proposal to marry but it did not materialise. The petitioner was stated to be having illicit relations with one Darshan Singh. The respondent further contended that he had undergone the sterilization operation in May, 1985 at Civil Hospital, Tanda and thus, there was no question of Harwinder Singh having been born from his loins. Furthermore the petitioner was stated to have already been married at village Nurpur. They had not legally been divorced. She could not marry the respondent again. The respondent's case further was that he was earning Rs. 700/- to Rs. 800/- p.m.

(2.) THE learned Judicial Magistrate on appraisal of the evidence on 9.5.1994 held that petitioner was legally wedded wife of the respondent. Harwinder Singh was their child. He allowed maintenance to the petitioner and Harwinder Singh at Rs. 350/- p.m. each from the date of the filing of the application. The revision petitions were filed with the Court of Sessions. The learned Sessions Judge, Hoshiarpur held that so far as Harwinder Singh is concerned, he was entitled to maintenance but qua the petitioner, the revision petition of the respondent was allowed. It was concluded that the petitioner was already married. She had not legally been divorced. She could not re- marry the respondent and the marriage was null and void. Thus, it was concluded that she could not invoke Section 125 of the Code of Criminal Procedure.

(3.) IT is well known that Section 125 of the Code of Criminal Procedure has been enacted to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife.