SHAMSHER SINGH Vs. KAPUR KAUR

JUDGEMENT

(1.) SMT . Kapur Kaur filed application under Section 125 of the Code of Criminal Procedure against her husband-Shamsher Singh in the Court of Judicial Magistrate Ist Class, Fatehgarh Sahib (Crl. Misc. No. 3 of 14.2.1995). She was allowed maintenance allowances at the rate of Rs. 400/- per mensem by the Judicial Magistrate Ist Class, Fatehgarh Sahib vide order dated 24.2.1998 payable from the date of the application, in view of her finding that he was possessed of adequate means and that he has neglected his wife without any sufficient cause and rather he treated her with cruelty. She found that wife was not possessed of any means.

(2.) AGGRIEVED from this order, Shamsher Singh has come up in revision to this Court and has prayed that the order granting maintenance to his wife by the Magistrate be set aside.

(3.) I have heard the learned counsel for the petitioner on the merits of this revision. Wife stated before the learned Magistrate that she was married to Shamsher Singh in December, 1991. In April, 1992 he began beating her and also laying demand for dowry upon her. Her parents were unable to satisfy his demand for dowry and in January, 1993 she was turned out of the matrimonial home by him and his parents in wearing apparel only. She further stated that they retained all article of dowry. Since the year, 1993 she has been putting up with her parents at village Powala. She has no source of income where-with to maintain herself. Panchayats were taken to her husband many times for her rehabilitation in the matrimonial home but to no effect. She stated that she was ready to cohabit with her husband. Her husband is earning Rs. 4000-5000/- per month by the sale of milk. He has agricultural income also. Shingara Singh AW-1 and Surinder Singh AW-2 also supported her in this behalf. She was not cross-examined at all by her husband. Her testimony has gone un-rebutted.