KAUSHALYA DEVI Vs. BHAG CHAND

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order of the learned Sessions Judge, Kullu, dated 1.12.2000 in Criminal Revision No. 5 of 1999 whereby he allowed the revision petition field by the husband, set aside the order granting maintenance in favour of the petitioners passed by the Chief Judicial Magistrate, Lahaul & Spiti at Kullu in proceedings under Section 125 Cr.P.C. and has rejected the petition filed by the petitioners. 1 Whether the reporters of the local papers may be allowed to see the Judgment?

(2.) BRIEFLY stated the facts of the case are that the petitioner No.1 had initially filed a petition under Section 125 Cr.P.C. claiming maintenance at the rate of Rs.500/- per month. She had filed this petition before the Gram Panchayat, Bradha, Tehsil and District Kullu which is entitled to hear such petition under the provisions of H.P. Panchayati Raj Act. This petition was filed by Smt. Kaushalya Devi. She claimed that respondent Bhag Chand was on visiting terms with her and both had entered into a love marriage. It was further alleged that since Bhag Chand had not taken consent of his parents, she continued to reside at her parental home. Bhag Chand assured her that after he gets permission of his parents, he would take the petitioner to his house. It was also alleged that the marriage between the parties was solemnized according to the custom in the last week of January, 1994. It was further alleged that since 20.5.1994 the husband had totally deserted the wife and neglected to maintain her and hence she claimed maintenance at the rate of Rs. 500/- per month.

(3.) THE wife did not challenge the order of Gram Panchayat in any proceedings. She, however, filed a fresh petition under Section 125 Cr.P.C. in the court of Chief Judicial Magistrate. In this petition, Rupa @ Shilpa was also made a party. Rupa is stated to be the daughter of Kaushalya Devi out of her wedlock with Bhag Chand. The petition was prepared and presented on 17.3.1998 and in this petition it is stated that Rupa is aged 3 years. In the new petition filed, the petitioner-wife alleged that her marriage was solemnized with Bhag Chand in the year 1994 according to the local custom and after this marriage, both the parties lived together as husband and wife and from this wedlock petitioner No. 2 Rupa @ Shilpa was born. It was further averred that after the marriage took place in the year 1994 for 2 - 2 1/2 years the relations between the parties remained cordial. Thereafter the husband is alleged to have developed illicit relations with one Nepali girl and started neglecting the wife and, therefore, maintenance was claimed for each of the petitioners at the rate of Rs.500/- per month. It would be pertinent to mention that no mention was made in this petition about the earlier petition filed by the wife before the Gram Panchayat. During the course of evidence the petitioner relied upon a so called agreement dated 4.3.1996 allegedly entered into between Kaushalya Devi and Bhag Chand in which Bhag Chand has admitted that Kaushalya Devi is his wife and has agreed to keep her at his house.