HARBANS LAL Vs. SITO DEVI

JUDGEMENT

(1.) THE present petition has been preferred under Section 482 Code of Criminal Procedure read with Article 227 of the Constitution of India for quashing the order dated 9th June, 1994 passed by the Sessions Judge, Hamirpur, whereby the order dated 24.6.1993 passed by the Judicial Magistrate 1st Class, Hamirpur was maintained.

(2.) THE present petitioner and the respondent, admittedly, are the husband and wife and their marriage was solemnised about 21 years back, when the present respondent preferred a petition under Section 125 of the Code of Criminal Procedure in the year 1991. Two children were born out of the said wed -lock, who have since died. The present petitioner was serving in military but he was discharged on medical ground in the year 1974. It has been the case of the wife that the husband was getting pension of Rs. 700/ - to Rs. 800/ - per month. According to the wife, the husband contracted a second marriage after about six years of his first marriage with the present respondent. As she had no source of livelihood, she prayed for the grant of Rs. 400/ - per month as monthly maintenance. According to her, the husband was owning a truck and his monthly income was Rs. 5,000/ - to Rs. 6,000/ -.

(3.) THIS petition was contested by the husband, who denied the averments made in the petition, but, however, admitted to have contracted a second marriage and that too with the consent of the present respondent, who according to petitioner had taken 'Sanyas' and was leading that life. It was further pleaded that on account of his injury, he was discharged from the military service and at that time the present respondent did not serve him at all. It was averred in the reply that the petitioner was earning about Rs. 2,000/ - per month from some ladies stitching training centre opened by her. He pleaded that he was receiving about Rs. 500/ - as monthly pension.