PIRTHI PAL SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) PARAMJIT Kaur filed a petition under Section 125, Cr. P. C. seeking maintenance allowance from Prithpal Singh petitioner on the plea that she was married to him according to Sikh rites on October 15, 1958, at Patiala and lived as his wife for two years and thereafter he started ill-treating her and turned her out of the house. He refused to maintain her in spite of the demand and the efforts made by her parents and other respectables did not succeed. He has contracted a second marriage with Jaswinder Kaur alias Joginder Kaur.

(2.) THE Additional Chief Judicial Magistrate, Patiala, vide his order dated October 30, 1982, dismissed the application holding that she is not legally wedded wife of Prithpal Singh and as such is not entitled to maintenance. However, he held that if she had been entitled to maintenance she would have been entitled to Rs. 250/- P. M. of maintenance. Feeling aggrieved, Paramjit Kaur filed a revision in the Court of Sessions Judge, Patiala. Mr. M. S. Lobana, Additional Sessions Judge, Patiala vide his order dated November 14, 1985, accepted the revision and held that she is legally wedded wife of Prithpal Singh.

(3.) PRITHPAL Singh feeling aggrieved filed Criminal Revision No. 279 of 1986, against the order of Mr. M. S. Lobana, Additional Sessions Judge, Patiala.