SARJEET SINGH Vs. JEETO BAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the instant Cri. misc. petition under Section 482 Cr.P.C. the petitioner has challenged the order dated 27.01.2009, passed by the Addl.Sessions Judge (Fast Track), Anoopgarh, H.Q. Suratgarh. in Cri.Revision No. 07/2008, whereby he dismissed the revision petition filed by the petitioner and confirmed the order dated 21.03.2007 passed by the learned Addl.Chief Judicial Magistrate, Suratgarh.

(3.) The brief, facts of the case are the respondent No. 1 on her behalf and on behalf of her minor children, filed an application under Section 125 Cr.P.C. wherein it was averred that she was married to Sarjeet Singh about 10-11 years back and out of the wedlock three children were born to them. It was averred in the application that her in-laws were regularly harassing and demanding dowry and finally she was deserted from her in-laws' house. Two of their children are living with her and the elder son is living with her husband, the petitioner. Further it was averred that she was unable to maintain herself and her two minor children and the petitioner has sufficient means and prayed that L 5,000/- may be paid as maintenance per month. Notice was issued to the petitioner on this application and the petitioner denied all the charges and averred that he has not contracted second marriage and respondent No.1 had executed an agreement wherein she admitted that she received L 2,25,000/- as full time maintenance and by concealing this fact she has filed the application under Section 125 Cr.P.C. The learned trial court vide its order dated 21.03.2007 allowed the application and awarded L 4,000/- as maintenance for herself and her children. Against that order, the petitioner filed a revision petition before the revisional court, which was dismissed by the revisional court vide its order dated 27.01.2009. Being aggrieved by the aforesaid order the petitioner has preferred this criminal misc. petition.