LAWS(J&K)-2019-2-75

JASBIR SINGH Vs. SATNAM KOUR

Decided On February 22, 2019
JASBIR SINGH Appellant
V/S
Satnam Kour Respondents

JUDGEMENT

(1.) The above said two revisions have been clubbed together vide order dtd. 1/2/2016 on the request of counsel for petitioner. CRR No.D- 15/2013 has been directed against the ex-parte judgment dtd. 31/12/2012, passed by 2nd Additional Munsiff Jammu, under Sec. 488 Cr.P.C, in case titled Satnam Kour and orss vs. Jasbir Singh, by virtue of which petitioner has been directed to pay Rs.3,000.00 pm each to wife and son (respondent Nos.1 and 3 herein), whereas Rs.3,500.00 to daughter (respondent No.2 herein). Whereas CRR No.34/2014 has been filed against the order dtd. 31/12/2012 as well as order dtd. 20/3/2014 by virtue of which application for setting aside ex-parte judgment of maintenance, has been dismissed.

(2.) In both revisions petitions facts are the same.

(3.) Respondent No.1-Satnam Kour is wife of petitioner, whereas other respondents are his children. Respondents filed a petition under Sec. 488 Cr.P.C. for grant of maintenance. In the petition, it has been stated that she is legally wedded wife of petitioner herein; marriage was solemnized on 28/4/1986. Out of the wedlock two children were born; Amandeep Kour, daughter is pursuing LL.B at Dogra law College and Manmeet Singh, son, studying in the seventh class. The respondent- Jasbir Singh was serving in Army and refused to maintain, and thrashed and beaten the petitioner. The respondent-Jasbir Singh is getting 15,000/- salary and can pay at least Rs.10,000.00 to the petitioners easily; petitioners (respondents herein) prayed for rupees 2000/- per petitioner as monthly maintenance.