SUKHDEV RAJ SHARMA Vs. KANCHAN BALA

JUDGEMENT

(1.) The challenge in this criminal revision is to the impugned judgment dated June 15,1999 vide which Sukhdev Raj, petitioner, has been directed to pay Rs. 500/ - as maintenance to his wife Kanchan Bala.

(2.) The marriage of the parties was solemnized on February 19, 1988. Kanchan Bala moved an application under Section 125, Cr.P.C. in the year 1991 seeking maintenance from her husband on the ground that he has neglected and refused to maintain her without any reasonable justification. She does not own any movable or immovable property nor she has got any source of livelihood whereas Sukhdev Raj is ASI in the Police Department and he is drawing salary of Rs. 3,000/- per month. Therefore, she may be allowed Rs. 1,000/- maintenance per month.

(3.) The application was resisted by the husband but admitted the factum of marriage with the respondent-Kanchan Bala. According to him, his monthly salary is Rs. 1,600/- per month and he has also to look-after his minor son from his first wife. In fact, the applicant is earning Rs. 5,000/- per month by doing the business of selling wool and knitting work, which is sufficient to maintain herself.