KANSHI RAM Vs. BANSO DEVI

JUDGEMENT

(1.) THIS is a reference made by learned Sessions Judge, Rajouri, whereby recommendation has been made for quashing the order passed by the trial Magistrate on 9.8.1997. Facts which resulted in passing of the impugned order are as under:

(2.) BANSO Devi, respondent no.1, for self and as guardian of minor sons Roshan Lal and Rajeev Kumar preferred a petition under Section 488 J&K Criminal Procedure Code, 1989 (1933 A. D.) (hereinafter referred to as the Code). In this petition maintenance was claimed since all three of them had been neglected and Kanshi Ram petitioner having refused to maintain them. During the Pendency of these proceedings interim maintenance was granted at the rate of Rs. 300/ - per month to each one of the three respondents w.e.f. 9.8.1997, i.e. the date on which the order impugned was passed.

(3.) AGAINST the aforesaid order petitioner Kanshi Ram filed revision before the court below on the grounds that neither Banso Devi is his legally wedded wife nor the minors namely Roshan Lal and Rajeev Kumar were his sons. His further case was that he is married to the elder sister of Banso Devi namely Reetu Devi, which marriage is subsisting and unless a valid marriage was established between him and Banso Devi, no maintenance could have been allowed by the court below. Claim of three respondents before the Magistrate below regarding beatings being administered by Kanshi Ram to Banso Devi under the influence of liquor were also denied. Similarly they having been turned out of the house by the petitioner was also denied. In support of their claim reliance was placed by respondents on an agreement dated 27.12.1991 between petitioner and respondent no.1, affidavit of the same date executed by the petitioner.