SAMPURAN SINGH Vs. BALBIR KAUR

JUDGEMENT

(1.) RESPONDENT -wife Balbir Kaur married petitioner Sampuran Singh on 12th October, 1972. The parties lived together after marriage for a period of 4 years in village Vada Nag district Amritsar. A male child was born from the wedlock. Thereafter the petitioner started maltreating and beating the respondent, contracted another marriage with Kulwant Kaur daughter of Dewan Singh and had another male child from her as well and deserted and refused to maintain the respondent. In her application under Section 125 of the Criminal Procedure Code, respondent-wife claimed separate maintenance at the rate of Rs. 300/- per mensum. Her application was rejected by the learned Chief Judicial Magistrate, Ferozepur, on 3rd August, 1984. In revision learned Additional Sessions Judge vide assailed order dated 1st March, 1985 granted her maintenance at the rate of Rs. 75/- per mensem from the date of her original application before the learned trial court. Feeling aggrieved therefrom, husband-petitioner has filed Criminal Revision No. 608 of 1985 in this Court.

(2.) IT has been urged by the learned counsel for the husband-petitioner that the finding of the learned Additional Sessions Judge that the petitioner had deserted the respondent without reasonable cause and therefore maltreated her in based on conjectures and is in no way borne out from the record. The argument is of no avail because the learned trial court as also the learned Additional Sessions Judge have both misconstrued the evidence brought on record by the respondent-wife before them.