VINOD KUMAR Vs. SURINDER SINGH

JUDGEMENT

(1.) This is a criminal revision filed by Smt. Vinod Kumari under Section 401, Criminal Procedure Code against Surinder Singh whereby she was prayed that the order granting maintenance to her by the Judicial Magistrate, 1st Class, Zira at the rate of Rs. 300/- per mensem vide order dated 13-10-1992 be restored and the order dated 13-10-1993 of the Additional Sessions Judge, Ferozepur setting aside that order and dismissing her claim to maintenance under Section 125, Criminal Procedure Code be set aside.

(2.) Smt. Vinod Kumari instituted an application under Section 125, Criminal Procedure Code in the Court of Judicial Magistrate, 1st Class, Zira against Surinder Singh, son of Nachhatar Singh claiming maintenance at the rate of Rs. 500/- per mensem on the allegations that she was married to him on 18-4-1986 according to Anand Karaj ceremony at Zira. He began ill-treating her a few days after their marriage saying that the dowry brought by her was inadequate. She appraised her father that she was being ill-treated by her husband saying that the dowry brought by her was inadequate. Her father thereupon met her husband at Faridkot, which is a place he hails from and requested him that he was poor, unable to give fridge and scooter in dowry. He requested him not to ill-treat her. Her husbands behavior towards her remained all right for some time. Thereafter, he started imputing various allegations against her namely that she was in ill health and there was stone in her abdomen, which was an obstruction in her conceiving. He turned her out of the matrimonial home in October, 1988 and refused to keep her in the matrimonial home. She came to her father as driven out by her husband. Her father joined Balbir Singh with him. She, her father and Balbir Singh contacted the respondent at Faridkot 24-10-1988 was fixed as the date for assemblage of the people. Assemblage of the people took place on 24-10-1988 at the shop of her father-in-law at Faridkot. That assemblage consisted of some people of Faridkot, her father and said Balbir Singh. It was decided in that assemblage that she would be taken by her father to Zira and got treated and after she got treated, she would be sent to the matrimonial home. Her father got her treated at Zira from a number of doctors and they diagnosed that she was not suffering from any disease but she was under stress. She stayed with her father for 3/4 months. During that period her husband never came to her to take her to the matrimonial home nor posted any letter to her; In March, 1989 her father took her to Faridkot with a view to leave her in the matrimonial home. Her husband, however; sent her back with her father on the pretext that he would be coming to Zira after some time to take her to the matrimonial home. He, however, did not turn up to take her to the matrimonial home. In June, 1990 her father took Panchayat which consisted of Anoop Singh Chakkiwala, Darshan Singh Sodhi, Balwinder Singh and Balbir Singh to her husband and Panchayat made entreaties to her husband that he should allow her induction in the matrimonial home. There was clear neglect of the wife by her husband and refusal to maintain her. She is illiterate, unable to maintain herself. Her husband on the other hand is running a hotel earning Rs. 2,000/- per mensem. He is liable to maintain her. She claimed maintenance to the tune of Rs. 500/per mensem.

(3.) Surinder Singh contested those applications urging that Smt. Vinod Kumari is not his wife. He never married her. In fact she is the wife of one Shingara Singh, son of Puran Singh of Village Santuwala, Tehsil Zira. When she was not his wife there could be no question of his keeping her in the matrimonial home.