SUKHBIR SINGH Vs. RAJWANT KAUR

JUDGEMENT

(1.) PETITIONER has assailed the learned Additional District Judge's order Annexure P.3 whereby he dismissed the petitioner's petition filed under Section 311 Code of Criminal Procedure (in short, the Code).

(2.) SKELETAL facts are that respondent Rajwant Kaur filed a petition under Section 125 of the Code claiming maintenance for herself as well as for her minor son respondent No. 2. Petition was contested by the petitioner. The learned Magistrate allowed the petition and granted maintenance at the rate of Rs. 400/- to Rajwant Kaur and Rs. 300/- per month to respondent No. 2 from the date of application vide his order dated 8.10.1993. Rajwant Kaur filed revision for enhancement of monthly allowance granted by the lower Court, whereas petitioner filed revision for setting aside the said order. During the pendency of the revision, petitioner filed a petition under Section 311 of the Code praying an opportunity to lead evidence to prove that Rajwant Kaur is serving in Lahari Modern High School Dhotain Tehsil Tarn Taran under the name of Paramjit Kaur and therefore, she is not entitled to claim maintenance from him. He also submitted that he has sufficient documentary evidence to prove the said fact. Hence, he sought permission.

(3.) LEARNED Additional District Judge relied on Apex Court judgment in Mohan Lal Shamji Soni v. Union of India and another, 1991(3) Recent Criminal Reports 182 and held that the petitioner cannot be allowed to fill in lacuna left by him in his defence.