Labh Singh vs Gurmeet Kaur

M.L. Singhal, J.—This is a criminal Misc. petition No. 20118-M of 1995. filed by Labh Singh u/s 482 of the Code of Criminal Procedure whereby he has prayed the quashing of Judgment dated 18.10.1995 passed by Sh. Gurdev Singh, Addl. Sessions Judge, Fatehgarh Sahib allowing interim maintenance to his wife Gurmeet Kaur at the rate of Rs.400/- per mensem. Gurmeet Kaur instituted petition u/s 125 of the Code of Criminal Procedure claiming maintenance from him on the ground that she was legally wedded wife of Labh Singh who refused to provide her room in the matrimonial home although Panchayats were taken by her brother for her induction into the matrimonial home. He demanded Rs.25,000/- as dowry from her. Since November, 1996 she was putting up with her parents at village Ferozepur, Teh. Fatehgarh Sahib. Labh Singh was a man of means employed in the army drawing Rs. 1500/- per mensem as salary, besides owning immovable and movable property. She on the other hand had means where with, to maintain herself. Labh Singh resisted the claim of his wife, urging that she had willfully deserted him since November, 1996. It was denied that he was earning Rs.1500/- per mensem. It was urged that his wife was earning Rs.1000/- 1500/- per mensem as she was a semesters. He retired from the army in September, 1991, drawing pension only to the tune of Rs. 642/- per mensem.

It was only an interim allowance allowed to the wife by the trial Magistrate at the rate of Rs.400/- per mensem with effect from 20.10.1995. Aggrieved from this order of learned trial Magistrate dated 28.4.1995 Labh Singh felt dissatisfied and knocked the door of the Court of Additional Sessions Judge, Fatehgarh Sahib. Gurmeet Kaur also felt aggrieved from the said order and knocked the door of the Court of Additional Sessions Judge, Fatehgarh Sahib in revision claiming enhancement in maintenance from Rs.400/- to Rs. 1000/- per mensem. The Additional Sessions Judge, Fatehgarh Sahib declined the revision filed by the husband-Labh Singh. He allowed the revision petition filed by the wife and allowed interim maintenance to her with effect from 22.8.1990. He directed the parties to appear before the trial Magistrate for final disposal of the maintenance petition on merits.

It was only an interim maintenance allowed by the Additional Sessions Judge, Fatehgarh Sahib to the wife. On his own showing Labh Singh is in receipt of Rs.704/-per mensem as pension. It is contended that he has liability towards maintaining his father aged 89 years. He has to spend a lot on his looking after. If he has obligation towards maintaining his father, he has obligation towards maintaining his wife whom he married in the year, 1970. Wife was allowed maintenance pendente lite to the tune of Rs.400/- per mensem by the District Judge, Patiala in divorce proceedings Rs.4(KV-per mensem is not an amount with which the wife can lead a luxurious fife. This amount will hardly keep her away from penury. Even otherwise, it was an interim maintenance allowed by the Court to the wife. The grant of interim maintenance will get merged into the final order that might be passed by the Court after appreciating their evidence on merits as to the factum of neglect by the husband of the wife and as to their respective income. It is a second revision petition. Second revision petition will be maintainable only when there is grave error of law and there has been substantial injustice. Any amount received by way of maintenance pendente lite by the wife from the husband in divorce proceedings will be adjusted towards the maintenance payable to the wife in an application u/s 125 of the Code of Criminal Procedure whether it be interim maintenance.

For the reasons given above, this criminal misc. petition fails and is dismissed.