JATINDER PAL SINGH Vs. SATWANT KOUR

JUDGEMENT

(1.) PERUSED the file. It appears through the medium of petition in hand under section 561 -A Cr.P.C the petitioner Jatinder Pal Singh -husband has sought indulgence of this court for quashing the order recorded by the learned 1st Additional Sessions Judge, Jammu dated 28/10/2000 in a revision petition no.42 titled as Jatinder Pal Singh Vs. Satwant Kour & another.

(2.) IT appears that Satwant Kour respondent/petitioner wife on her own behalf and on behalf of her minor child Guneet Kour approached learned Munsiff Judicial/Magistrate 1st Class R.S.Pura for grant of maintenance allowance under section/488 Cr.P.C. alleging therein inter alia that she is married to the petitioner/respondent, out of this wedlock a female child was born and the marriage took place at village Simbal Morh, Tehsil R.S. Pura on 19/ 10/1997 in accordance with Sikh customs. That the petitioner husband has neglected her or well as his minor child respondent no.2 who is living with her. Alongside, a petition for grant of interim maintenance also came to be filed.

(3.) THE learned Inquiry Magistrate allowed the said application for interim maintenance and awarded an amount of Rs. 1,000/ - to respondent no.1 and Rs.500/ - to respondent no.2 from the date of filing of the application till the final disposal of the main petition. This order came to be challenged by the petitioner/respondent before the Court of learned 1st Additional Sessions Judge, Jammu in revision solely on the ground that the learned Additional Civil Judge Jallandhar has passed an ex -parte decree for restitution of conjugal rights in favour of petitioner/respondents and against respondent wife holding that the wife has left the society of the husband without any reasonable excuse. By virtue of impugned order the learned 1st Additional Sessions Judge rejected the revision petition.