DES RAJ Vs. SITA DEVI

JUDGEMENT

(1.) DES Raj, ex-husband of respondent Sita Devi, has filed this petition under Section 482 Cr.P.C. for setting aside the order dated 8.10.2005 passed by the Addl. Chief Judicial Magistrate, Sangrur as well as the order dated 8.5.2006 passed by the Addl. Sessions Judge (Adhoc), Fast Track Court, Sangrur, whereby an amount of maintenance of Rs. 2000/- per month has been awarded to the respondent-wife under Section 125 Cr.P.C.

(2.) THE brief facts of the case are that in this case the parties got married in the year 1955. A son was born to them on 15.8.1958. In the year 1970, a petition for dissolution of the marriage was allegedly filed by respondent Sita Devi against the petitioner on the ground that her husband converted himself to Christianity, therefore, the marriage be dissolved. In the said petition, the petitioner filed the admitted written statement and a decree for divorce was passed. In those proceedings, an application for permanent alimony and maintenance was filed. During the pendency of the said application, a compromise was alleged to have been arrived at between the parties out of the court, according to which, the petitioner had paid a sum of Rs. 10,000/- in lump sum as maintenance and also provided a house for her residence. It is also alleged that another amount of Rs. 5000/- was also given to the wife at that time. In view of the said agreement, the application for alimony and maintenance was not pressed.

(3.) THE aforesaid application was contested by the petitioner on several grounds, i.e., that in view of the dissolution of the marriage between the parties and the permanent alimony paid to the respondent-wife, the application under Section 125 Cr.P.C. is not maintainable; that wife could have claimed maintenance from her major son; that the husband being an old person, is not capable to maintain the respondent-wife as he is having no source of income.