NIRMAL SINGH Vs. GURVINDER KAUR

JUDGEMENT

(1.) BY filing this petition under Section 482 Cr.P.C. the petitioner has prayed for quashing the petition dated 11.2.2004 filed under Section 125 Cr.P.C. (Annexure P1) titled as Gurvinder Kaur and another v. Nirmal Singh pending in the court of CJM, Nawanshahr as the same is an abuse of process of law since the amount of maintenance of respondent Nos. 1 and 2, namely, Gurvinder Kaur and Harjinder Singh (both minors) has already been paid in lump-sum to their mother (respondent No. 3) in divorce petition (HMA No. 121 of 2001) filed by her against the petitioner on the basis of the compromise effected between the petitioner and respondent No. 3 and the statement (Annexure P3) of Manjit Kaur (respondent No. 3) suffered before the learned Additional District Judge/Presiding Officer, Lok Adalat, Nawanshahr on 17.3.2002.

(2.) THE facts as disclosed in the petition are that respondent Nos. 1 and 2 through their guardian filed a petition under Section 125 Cr.P.C. against the petitioner for grant of maintenance of Rs. 2500/- per month to each of them. Their case is that they are the minor children of the petitioner. Respondent No. 1 is studying in 6th standard at Village Kot Ranjha and respondent No. 2 is studying in 5th standard at Village Chikran, Tehsil and District Nawanshahr. The expenses of their study are being borne by their maternal grand-parents. The petitioner is employed in D.C.M. Mills at Village Ansron, Tehsil Balachaur and District Nawanshahr and is getting a salary of Rs. 12,000/- per month. Besides this, he has also income from his agricultural land, whereas they hardly have their both ends meet. Thus, they pleaded they be allowed maintenance of Rs. 2500/- per month to each of them.

(3.) AGGRIEVED by order dated 2.4.2005, the petitioner filed revision before the learned Additional Sessions Judge, Nawanshahr, who has also dismissed the revision vide order dated 8.3.2007, and remitted the case to the learned CJM, Nawanshahr, for its disposal in accordance with law.