LABH SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) THIS is a criminal misc. petition No. 20118-M of 1995 filed by Labh Singh under Section 482 of the Code of Criminal Procedure whereby he has prayed the quashing of judgment dated 18.10.1995 passed by Sh. Gurdev Singh, Addl. Sessions Judge, Fategarh Sahib allowing interim maintenance to his wife Gurmeet Kaur at the rate of Rs. 400/- per mensem. Gurmeet Kaur instituted petition under Section 125 of the Code of Criminal Procedure claiming maintenance from him on the ground that she was legally wedded wife of Labh Singh who refused to provide her room in the matrimonial home although panchayats were taken by her brother for her induction into the matrimonial home. He demanded Rs. 25000/- as dowry from her. Since November, 1986 she was putting up with her parents at village Ferozepur, Teh. Fategarh Sahib. Labh Singh was a man of means employed in the army drawing Rs. 1500/- per mensem as salary, besides owning immovable and movable property. She on the other hand had means wherewith to maintain herself. Labh Singh resisted the claim of his wife, urging that she had wilfully deserted him since November, 1986. It was denied that he was earning Rs. 1500/- per mensem. It was urged that his wife was earning Rs. 1000/- 1500/- per mensem as she was a seamstress. He retired from the army in September, 1991, drawing pension only to the tune of Rs. 642/- per mensem.

(2.) IT was only an interim allowance allowed to the wife by the trial Magistrate at the rate of Rs. 400/- per mensem with effect from 20.10.1993. Aggrieved from this order of learned trial Magistrate dated 28.4.1995, Labh Singh felt dissatisfied and knocked the door of the Court of Additional Sessions Judge, Fategarh Sahib. Gurmeet Kaur also felt aggrieved from the said order and knocked the door of the Court of Additional Sessions Judge, Fategarh Sahib in revision claiming enhancement in maintenance from Rs. 400/- to Rs. 1000/- per mensem. The Additional Sessions Judge, Fategarh Sahib declined the revision filed by the husband-Labh Singh. He allowed the revision petition filed by the wife and allowed interim maintenance to her with effect from 22.8.1990. He directed the parties to appear before the trial Magistrate for final disposal of the maintenance petition on merits.

(3.) FOR the reasons given above, this criminal misc. petition fails and is dismissed.