MALKIAT KAUR Vs. JAGMEL SINGH

JUDGEMENT

(1.) PETITIONER Malkiat Kaur was married to the respondent in accordance with Hindu rites and ceremonies on 7. 2. 1977 in Village Singhpura, Tehsil and District Sirsa. They were blessed with a child Jaswinder Singh. The petitioner filed an application under Section 125 of the Code of Criminal Procedure alleging that about 3 years before the filing of the petition, the respondent turned her out of his house by giving her servere beating. She is residing with her father. Being an illiterate lady, she has no means of her survival. The respondent works as an octroi clerk and is drawing Rs. 1,500/- per month as salary and earns Rs. 4,000/- from immovable property. She prays for maintenance of Rs. 500/- per month.

(2.) IN the reply filed, the factum of marriage with Malkiat Kaurwas admitted. It was denied that he had neglected or refused to maintain her. Respondent's case was that petitioner wanted to seek divorce. She filed a petition which was dismissed on 22. 8. 1989. It was further asserted that petitioner is an educated only. She was earning Rs. 500/- per month by doing part-time job in local unit of hosiery in the village. Respondent's income was described as Rs. 900/- per month as salary including other allowances and that he has to feed his ailing parents.

(3.) ON perusal of the evidence, it was concluded that the petitioner failed to establish that respondent has neglected or refused to maintain her. The order passed by the learned Judicial Magistrate was set aside. Aggrieved by the same, the present revision petition has been preferred.