HARPREET SINGH Vs. SARDARNI DAVINDER KOUR AND ANR

JUDGEMENT

(1.) Through the medium of instant Criminal Miscellaneous Petition under section 561- A Cr.P.C, the petitioner seeks quashment of order dated 26.07.2018 passed by the learned Principal Sessions Judge, Kathua whereby the Revision Petition filed by the petitioner has been dismissed by upholding the order dated 20.01.2018 passed by the learned Sub-Judge (Special Mobile Magistrate), Kathua.

(2.) Petitioner, in the memo of petition, has briefly stated that he is serving as a Constable in 121 Battalion CRPF and presently posted at Kot Bhalwal Jammu. The marriage of the petitioner was solemnized on 24.10.2012 with respondent No.1 according to Sikh rites and customs at village Chak Drabkhan. Out of the wedlock, one male child (respondent No.2) was born on 09.01.2014. The relation between the parties remained cordial for some time. Thereafter, respondent No.1 started torturing the petitioner and his family members on one pretext or the other. Even she-respondent No.1 used abusive language, tried to harass the family members of the petitioner in front of relatives and sometimes in front of the neighbourers also. It is further stated that she-respondent No.1 used to neglect the petitioner and was not discharging her matrimonial duties/obligations and remained in her parental home most of the time. The respondents without any sufficient cause and reasons, withdrawn herself from the society of the petitioner. The petitioner even tried to take the respondents at the place of his posting but she-respondent No.1 openly refused to accompany the petitioner and threatened him she will not reside with the petitioner at his place of duty/posting. It is further contended the respondents have filed the petition under section 488 of Code of Criminal Procedure, 1973 for grant of maintenance. The learned Sub-Judge, Special Mobile Magistrate, Kathua passed an order dated 20.01.2018 by which the court has granted Rs. 10,000/- maintenance to the respondents. The petitioner had filed a revision petition before the learned Sessions Judge, Kathua against the aforesaid order on the ground that the respondent no.1 without any reasonable cause and reasons is not residing with the petitioner and withdrawn herself from the society of the petitioner and also made a statement before the court that she will not reside with the petitioner and will not perform her matrimonial obligations as she has categorically stated that living with the petitioner is not tenable. The court of learned Sessions Judge, Kathua vide order dated 26.07.2018 dismissed the Revision Petition on the ground that it is the duty/obligation of the husband to maintain his wife and children so long he is capable of earning. The court has held that the order passed by the trial court does not call for any interference much less modification with regard to the payment of monthly maintenance of Rs. 7000/- to respondent No.1 and Rs. 3000/-to respondent No.2 while the trial court has also granted Rs. 7000/- to respondent No.1 and Rs. 3000/- to respondent No.2. Hence the present writ petition.

(3.) Feeling aggrieved of the orders dated 26.07.2018 and 20.01.2018, the petitioner challenges the same on the following grounds: