PREM SINGH Vs. GYAN KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) relates to quashment of order dated 2-4-1985 passed by Judicial Magistrate Ist Class, Hoshiarpur, under Section 125 of the Code, whereby maintenance at the rate of Rs. 500/per month was awarded to Smt. Gian Kaur wife and her two minor daughters Meena and Raj, from the date of the order.

(2.) IN brief, facts relevant for the disposal of this petition are that Prem Singh petitioner was married to Gian Kaur respondent in the month of June, 1969. Out of the said wedlock two daughters, namely, Meena and Raj were born. According to the husband his wife Gian Kaur left his company without any reasonable cause and started living with her parents. She was taken by her brothers Shingara Singh, Surjit Singh and Chhinda from his house on the pretext of illness of their mother. His wife also took away all the valuables with her. Since she has not come to the house of the petitioner despite his afforts, a decree-for restitution of conjugal rights was also passed in his favour against his wife on 21-12-1987. It was further pleaded that the ex parte order passed by Judicial Magistrate Ist Class on 2-4-1985 be set aside on the ground that the husband had moved an application under Section 125 (3) of the Code requesting his wife to live with him and that he it at present in judicial lock up in District Jail, Hoshiarpur.

(3.) NONE has appeared on behalf of the respondents. The wife actually refused to accept notice in this case; Counsel for the petitioner was heard, It was submitted on behalf of the petitioner that in view of the decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act passed on 21-12-1987 in favour of the husband against the wife, Annexure 'a' neither the wife, nor, the children are entitled to any maintenance.