Sampuran Singh vs Baljinder Kaur

A.S. Nehra, J.—This revision petition is directed against the order dated 9.8.1988 passed by the Additional Sessions Judge, Ludhiana, by which the revision petition filed by Baljinder Kaur respondent was allowed and the amount of maintenance allowed by the Trial Court was enhanced to Rs. 500/-per month from the date of the filing of the application u/s 125 of the Code of Criminal Procedure.

Baljinder Kaur filed a petition u/s 125 of the Code of Criminal Procedure alleging that she is legally wedded wife of the petitioner and their marriage was solemnized on 8.4.1981 at village Ghangas; that immediately after marriage petitioner and his parents started maltreating her on the ground that she had not brought sufficient dowry; that respondent remained at the house of the petitioner for about four months and during this period petitioner and his parents treated her with cruelty for bringing less dowry as the parents of the respondent were unable to fulfil the greedy demands of the petitioner; that the respondent was turned out of the house in three clothes and that since then she was living with her parents. She has further alleged that she has no source of income and she is totally dependent upon her parents whereas petitioner is a registered medical practitioner and is earning more than Rs. 10,000/- per month and also owns 20 acres of agricultural land at village Kohara tehsil and District Ferozepur.

In the reply filed by the petitioner, he denied the allegations made by the respondent of the maltreatment and alleged that he and his parents never demanded dowry articles from her or from her parents. Petitioner has taken plea that from the very beginning of the married life he was compelled by the respondent to come and live in the village with her parents and when he showed his inability to reside with the parents of the respondent. She refused to live with him and that he tried to persuade her on so many occasions but to no effect. He pleaded that respondent is living with her parents of her own and that she has taken all her ornaments with her while going to her parents. He denied that he is a medical practitioner and is earning Rs. 10,000/-. He pledged that he is unemployed and working as a trainee with a doctor. He also pleaded that respondent owns immovable property in her name and sufficient income to maintain herself. Petitioner has further stated that he does not own any agricultural land.

Petition u/s 125 of the Code of Criminal Procedure was allowed and respondent was granted maintenance of Rs. 300/- per month by the Judicial Magistrate 1st Class, Ludhiana.

Baljit Kaur aggrieved by the judgment of the Judicial Magistrate 1st Class, Ludhiana filed a revision petition before the Additional Sessions Judge Ludhiana which was allowed on 9.8.1988 and the maintenance was enhanced from Rs. 300/- to Rs. 500/- p.m. from the date of filing of the application u/s 125 of the Code of Criminal Procedure. Mr. Amarjeet Markan, learned Counsel for the petitioner has contended that the earned Additional Sessions Judge has erred in enhancing the maintenance on conjectures and surmises and that no evidence has been led by the respondent about the income of the petitioner. After hearing the Counsel for the parties, I find no force in the contention. Respondents-wife has led sufficient evidence on record about the income of the petitioner. There is no merit in the petition and the same is dismissed.