CHITRU DEVI AND ORS Vs. PURAN SINGH

JUDGEMENT

(1.) These criminal petitions criminal revision no. 52 of 1989 (Smt. Chitrudevi and Ors. V. Puran Singh) and Cr.M.P. (M) No. 346 of 1989 (Puran Singh v. Smt. Chitru Devi and Ors.) Arise out of the same judgment. The facts and law being common, they are being decided by this common judgment.

(2.) The facts, in brief, are that the parties married about 16 years ago and during this long span, as many as six children were born. The couple has three sons and three daughters and their ages are between 1 1/2 years to 14 years. Unfortunately, disaffection developed between them and it appears that the same was on account of the husband remaining away from the company of his wife and children and the wife complains that he was neglecting her and the children due to his keeping a mistress at the place of his posting.

(3.) After suffering on account of this behavior of the husband for some time, the wife has no alternative but to petition for maintenance to herself and the manors with her through an application under Section 125 of the code of criminal procedure. She made detailed account of the whole issue and examined number of witnesses in support of her application. In nutshell, she stated that the husband was neglecting her and the children and was keeping a mistress at a place away from the place of living in the village where from she was turned out along with the children when she protested against, his illicit relations with the other lady. Since this occasion, she complains, she has been living with her father who despite meager resources was maintaining them with utmost difficulty. On the other hand, the husband denies his relations with any other lady. He further states that the wife was living in his house in the village and she has sufficient income from the apple trees as well as the landed property which were being looked after and maintained by her in his absence. He has not specifically disputed the payment of maintenance to the children, of course, he disputes the same being paid to the wife.