LAKHWINDER KAUR Vs. GURMAIL SINGH

JUDGEMENT

(1.) SMT . Lakhwinder Kaur and her minor daughter have filed this criminal revision for setting aside the judgment dated 11.8.2001 passed by the Additional Sessions Judge, Amritsar, whereby in revision, the order dated 15.9.2000 passed by the Sub Divisional Judicial Magistrate, Patti, awarding the maintenance of Rs. 500/- p.m. and Rs. 300/- p.m. to the petitioners, respectively, under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), has been set aside on the ground that petitioner No. 1 has failed to prove her marriage with the respondent husband.

(2.) IN this case, on 21.10.2000, the petitioners filed an application under Section 125 of the Code against the respondent on the allegation that petitioner No. 1 was married to the respondent about seven years back at village Sur Singh according to Sikh rites and out of the said wedlock, petitioner No. 2 was born. It was further pleaded that since the date of marriage, the behaviour of the respondent towards petitioner No. 1 was not cordial and he used to harass and taunt her for bringing inadequate dowry. About a year back, she along with her daughter was turned out from the matrimonial home by the respondent. It was alleged that in spite of the efforts made by the parents and other family members of petitioner No. 1, she was not rehabilitated by the respondent. Claiming that the petitioners are unable to maintain themselves and are living at the mercy of the parents of petitioner No. 1, the aforesaid application was filed with the allegation that the respondent, who is working as a Baildar, is having income of more than Rs. 15,000/- per month. In spite of that, he has neglected and refused to maintain the petitioners.

(3.) IN support of her application, petitioner No. 1 examined herself as PW1 and also got examined three witnesses. On the contrary, the respondent examined himself as RW3 and also got examined five witnesses. While appearing as PW1, petitioner No. 1 stated that she was married with the respondent Gurmail Singh according to Sikh rites and lawans were performed before Sri Guru Granth Sahib. She further stated that lawans performed by PW2-Kundan Singh, Granthi, since dead. She also stated that out of this wedlock, petitioner No. 2 was born. PW-3 Gurmej Kaur is the mother of petitioner No. 1. PW4-Gurmej Singh is the son of Amar Singh and a resident of Village Valtoha.