TARSEEM LAL Vs. KUNTI DEVI

JUDGEMENT

(1.) Heard Mr. P. N. Bhat, learned counsel appearing for the petitioner as well as Mr. Rajesh S. Lalotra, learned counsel appearing for the respondents.

(2.) By means of this criminal revision, the petitioner has challenged the order dated February 27, 2006, passed by learned City Judge (Judicial Magistrate Ist Class) Jammu (for short, 'the learned Magistrate') in File no. 70/Miscellaneous, whereby the petitioner was directed to pay maintenance allowance of Rs. 1000/- each to all the three respondents, i.e., respondent no.1, who is the wife of the petitioner and respondent nos. 2 and 3, being the daughter and son respectively of the petitioner.

(3.) The respondent no.1, being the wife of the petitioner along with her daughter and son, i.e., respondent nos. 2 and 3 respectively, initiated the instant proceeding for grant of maintenance under Section 488 Criminal Procedure Code (for short, 'Cr.P.C'), alleging that from the very inception of the marriage between the petitioner and the respondent no.1, petitioner herein started maltreating her, and his attitude was also cruel towards her. Other family members of petitioner were also cruel toward her. From their wedlock, she bore two children to the petitioner, the daughter-respondent no.2 and the son-respondent no.3. Eventually, in 1990, respondent no.1 was turned out by the petitioner from his house. Since the respondent no.1 failed to maintain herself and her two children, she having no option or alternative, was compelled to approach this Court for maintenance. Be it mentioned herein that marriage between the parties was solemnized as per Hindu rituals and customs.