BHIKHAM RAM Vs. LATA DEVI

JUDGEMENT

(1.) THE respondent filed a petition under Sections 125 of the Code of Criminal Procedure, for the grant of maintenance which was allowed by the learned trial Court and vide order dated 4.2.2003, the petitioner -husband was ordered to pay an amount of Rs. 450/ - to each of the respondents per month, which was assailed by the petitioner by filing a revision petition before the Court of Sessions and the learned Additional Sessions Judge (Fast Track Court), Mandi, in Criminal Revision Petition No. 8/2003 -3/2004, dismissed the revision petition on 16.1.2004 with cost including the lawyers fee etc. at Rs. 1,000/ -.

(2.) FEELING aggrieved and dissatisfied by the orders of the courts below, the instant petition has been filed, on the ground that though the petitioner was married to respondent No. 1, but this marriage was never consummated and he denied the paternity of respondents No. 2 and 3. The case of the respondent before the trial Court was that the respondents living in the house of his in -laws ever since their marriage. His wife did not like him right from the very beginning, because he was suffering from permanent disability having only one finger of his hand. Despite persistent efforts, respondent No. 1 did not resume the material ties and procreated the children by illicit relations. Further that when he became permanent in the department of Public Works Department as Chowkidar, respondent No. 1 Lata Devi concocted a false story to claim the maintenance. He further averred that he had also moved an application for DNA test of the children, but his request was wrongly declined, which has caused the grave injustice to him. The respondent has challenged the orders of both the courts below being illegal and wrong.

(3.) THE respondent -wife as PW1 alleged that the petitioner herein had kept another lady Ruma Devi as his wife. She was left without maintenance for the last about 3 -4 years and her children were school going and the petitioner -husband being a Chowkidar in the Public Works Department was getting Rs. 6,000/ - per month. Her parents are blind. She was not maintained by her husband as he has kept another lady, thus claimed maintenance. She denied in his cross -examination that the marriage was never consummated and the children are the result of illicit relations.