HARVINDER KAUR Vs. PARAMJIT SINGH

JUDGEMENT

(1.) This revision is directed against the order of Additional Sessions Judge. Sangrur dated 23-71990 whereby he declined the prayer of Smt. Harvinder Kaur for maintenance on the premise that she and Paramjit Singh had agreed mutually to live separate from each other and. therefore, she was not entitled to maintenance and all owes maintenance to child Amrinder Paul Singh Rs. 100/- per mensum payable w.e.f. 9-6-1988 i.e. when the Chief Judicial Magistrate decided their application under Section 125 Cr. P. C. for maintenance. Through this revision they have prayed for the setting aside of this order and restoration of the order passed by the Chief Judicial Magistrate. Sangrur dated 9-6-1988 allowing maintenance Rs. 400/- per mensum to Harvinder Kaur and Rs. 200/- per mensum to Amrinder Paul Singh payable w.e.f. 9-6-1988. Facts:

(2.) Harvinder Kaur instituted application under Section 125 Cr. P.C. against Paramjit Singh on her own behalf all on behalf of her child Amrinder paul Singh on the allegationTs that she was married to him on 6-2-1979 according to Sikh rites and ceremonies. On 11-11-1979, she gave birth to child Amrinder Paul Singh from the loins of Paramjit Singh. Some time after marriage, he and his mother started ill-treating and taunting her saying that the dowry brought was inadequate. He gave her beating several times on one pretext or the other. He demanded money for the purchase of motor cycle. He mercilessly gave her beating and filthily abused her when he found that his demand was not being fulfilled. In December 1985, she was given beating mercilessly and was turned out of the matrimonial home saying that if she meant her rehabilitation into the matrimonial home, she should bring motor cycle from her parents, Panchayat was taken to him by her father with a view to advise him that he should keep her in the matrimonial home but to no effect. Since December 1985, she has been putting up with her father along with her child. Her parents are looking after them both. Paramjit Singh has not cared to send them even a penny after December 1985 though he is gainfully employed in Milk Plant. Sangrur getting Rs.1200-1300 per month. Besides he sells milk yielded by two buffaloes and thus earns Rs. 1500/- per mensum. She claimed maintenance Rs. 3.00/- per a mensum for herself and Rs. 200/- per mensum for her child.

(3.) Paramjit Singh contested this application urging that she is not entitled to any maintenance as they are putting up separate with their mutual consent. They could not adjust with each other and therefore, a divorce deed was scribed on 8-9-1979 at Sangrur which was signed by them and attested by witnesses and their parents. She gave up claim to maintenance so far as the child in her womb was concerned.