GURDIAL SINGH Vs. SMWARTIKA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure is directed against the judgment of Sessions Judge, Solan, in case No. 33 -S/10 of 1990 and case No. 29 S/10 of 1990, dated 25.2.1991, whereby the order passed by the Chief Judicial Magistrate, Solan, in Case No. 45/4 of 1989 has been confirmed.

(2.) BRIEFLY , the facts of the case are that the petitioner was married to Smt. Pushap Lata in November, 1980. After sometime, the relations between them became strained as a result of which proceedings for divorce were initiated which are stated to be pending trial.

(3.) THE parties led evidence before the Chief Judicial Magistrate, who, by an order of 18.9.1990, awarded maintenance at the rate of Rs. 250/ - per month to each of the children from the date of the order. Against this decision, parties filed separate revision petitions before the Sessions Judge, Solan. They have been decided by the impugned judgment. The petitioner has assailed this decision again before this Court. It has been stated in the petition that the minor children are also the children of Smt. Pushap Lata who has legal obligation to maintain them under Section125 of the Code of Criminal Procedure. The children have not alleged that Smt. Pushap Lata was neglecting or refusing to maintain them from out of her own income and in the absence of such a plea, the children are not entitled to seek maintenance from the second parent. The further case of the petitioner is that the claim of Smt. Pushap Lata for maintenance had already been dismissed by the courts below and then this Court also rejected the same in Civil Revision No. 136 of 1989, dated 30.4.1990. Finally, it was contended that the maintenance allowance already awarded to the children was highly excessive and should be reduced, more particularly, when Smt. Pushap Lata was earning handsomely and was trying to seek allowance simply to harass the petitioner.