Ram Parsad vs Smt. Birbati and another

Jitendra Chauhan, J.—The present petition filed u/s 482 of the Code of Criminal Procedure (for short, ''the Cr. P.C''), is for quashing of order dated 04.06.2013 (Annexure P-2), passed by the learned Additional Sessions Judge, Palwal, whereby the revision petition filed by the petitioner against the order dated 19.04.2012 (Annexure P-1), passed by the Judicial Magistrate 1st Class, Palwal, was dismissed. The learned counsel for the petitioner, inter alia, contends that the impugned orders dated 19.04.2012, passed by the JMIC, Palwal, and dated 04.06.2013, of Additional Sessions Judge, Palwal, have been passed without taking into consideration that respondent No. 1 is not the legally-wedded wife of the petitioner. He further contends that respondent No. 2 is major and therefore, does not deserve to get any maintenance. He cites Budh Ram Vs. Sawni and Sumar Kumar Vs. Harbans Lal, 1998 (2) R.C.R. (Cri) 661.

Heard.

It is admitted case of the parties that the wife performed kareva marriage with the present petitioner in the year 1989 and remained with the petitioner only for few months.

The petitioner has not been able to prove on record that respondent-wife, earns sufficient amount to support herself and the son. The petitioner is under legal, moral and social obligation to maintain the respondents. The learned Courts below, after considering the facts and circumstances of the case, has determined the amount of maintenance, which is not excessive.

This Court in Pritam Singh V. Dalip Singh and others, 1997 (3) RCR (Crl.) 92, observed that the Court should be slow in exercising its jurisdiction u/s 482 of the Code where a second revision is barred u/s 397 of the Code. It was further laid down that it would only interfere to prevent abuse of the process of the Court or where interest of justice otherwise so required. For coming to this conclusion reliance was placed on Ganesh Narayan Hegde Vs. S. Bangarappa and Others, . Thus this petition is not maintainable.

Whether the respondent-wife is the legally-wedded wife of the petitioner or whether the respondent-son is major or not, are the questions which shall be determined by the trial Court, at appropriate stage. In view of the above, the present petition is, hereby, dismissed.