KAUR SINGH ALIAS CHAMKAUR SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) BY this order the Criminal Miscellaneous Petition No. 19716-M of 1995 and Criminal Revision No. 731 of 1995 are being decided as they arise out of the order passed by the Judicial Magistrate I Class, Ludhiana dated 29.7.1994 (Annexure P-2) and the order passed by the Sessions Judge, Ludhiana dated 12.5.1995 (Annexure P-3).

(2.) FACTS are taken from Criminal Miscellaneous No. 19716-M of 1995. Briefly stated the facts are that the petitioner Kaur Singh was married to respondent Surinder Kaur in the year 1975. In this wedlock, they were not blessed with any off-spring. They lived together for 2 years. Thereafter respondent-wife is living separately. Husband-petitioner pleaded that he and respondent wife could not adjust with each other and bickering between them started within the first week of marriage. After staying with him for 2 years, the respondent- wife deserted him. The petitioner-husband made several attempts to bring her back, but she always declined. After more than three years of her stay in her parental home, respondent-wife filed an application under Section 125, Code of Criminal Procedure before the Judicial Magistrate I Class, Ludhiana for grant of maintenance at the rate of Rs. 300/- per month. Service was not effected on the petitioner; therefore, he could not appear in that Court to contest the petition; the case was taken up ex parte. The learned Judicial Magistrate I Class, Ludhiana vide his order dated 4.2.1981 granted maintenance allowance at the rate of Rs. 150/- per month with effect from the date of order. This order was arbitrary as respondent-wife left the matrimonial home without petitioner's consent and without any cogent or valid reason.

(3.) AGGRIEVED by that order dated 29.7.1994 the petitioner filed revision before the Sessions Judge, Ludhiana. After hearing both the parties, the Sessions Judge, Ludhiana reduced the maintenance allowance from Rs. 500/- per month to Rs. 325/- per month with effect from the date of application i.e. 18.8.1989. The petitioner-husband averred that his entire land is mortgaged, he is not cultivating it properly since he has no money to cultivate it. Father of the respondent is very big landlord and owner 8100 bighas of land. Respondent is getting her share in the land, which is almost the double of the land of the petitioner. She is also doing the work of knitting and sewing and therefore, she should not be allowed the maintenance allowance at the rate of Rs. 300/- per month. He averred that the learned Sessions Judge has wrongly enhanced maintenance from Rs. 150/- per month to Rs. 325/- from the date of application. Hence, he prayed that the order dated 18.8.1989 passed by the Judicial Magistrate I Class (Annexure P-2) and the order dated 12.5.1995 passed by the Sessions Judge, Ludhiana (Annexure P-3) be quashed.