Shamsher Singh vs Kapur Kaur

M.L. Singhal, J.

Smt. Kapur Kaur filed application under Section 125 of the Code of Criminal Procedure against her husbandShamsher Singh in the Court of Judicial Magistrate Ist Class, Fatehgarh Sahib (Crl. Misc. No. 3 of 14.2.1995). She was allowed maintenance allowances at the rate of Rs. 400/ per mensem by the Judicial Magistrate Ist Class, Fatehgarh Sahib vide order dated 24.2.1998 payable from the date of the application, in view of her finding that he was possessed of adequate means and that he has neglected his wife without any sufficient cause and rather he treated her with cruelty. She found that wife was not possessed of any means.

Aggrieved from this order, Shamsher Singh has come up in revision to this Court and has prayed that the order granting maintenance to his wife by the Magistrate be set aside.

On the request of the learned counsel for the petitionerhusband that the respondentwife is willing to put up with the petitionerhusband and cohabit with him and that her parents are not permitting her to join the matrimonial home, Hon''ble Dr. (Mrs.) Sarojnei Saksena, J. vide order dated 13.4.1998 issued notice to the respondentwife calling upon her to appear before the Court in person. Today the wife has appeared in person. Efforts for reconciliation have been made but to no effect.

I have heard the learned counsel for the petitioner on the merits of this revision. Wife stated before the learned Magistrate that she was married to Shamsher Singh in December, 1991. In April, 1992 he began beating her and also laying demand for dowry upon her. Her parents were unable to satisfy his demand for dowry and in January, 1993 she was turned out of the matrimonial home by him and his parents in wearing apparel only. She further stated that they retained all article of dowry. Since the year, 1993 she has been putting up with her parents at village Powala. She has no source of income wherewith to maintain herself. Panchayats were taken to her husband many times for her rehabilitation in the matrimonial home but to no effect. She stated that she was ready to cohabit with her husband. Her husband is earning Rs. 40005000/ per month by the sale of milk. He has agricultural income also. Shingara Singh AW1 and Surinder Singh AW2 also supported her in this behalf. She was not crossexamined at all by her husband. Her testimony has gone unrebutted.

I do not find any reason to interfere with the finding of the learned Magistrate so far as neglect of the wife by the husband is concerned and also with the finding of refusal of the husband to maintain his wife. So far as quantum of maintenance is concerned, with a meagre sum of Rs. 400/ per mensem, wife would be able to provide her only bare necessaries of life. Price index of necessaries of life is going up constantly.

For the reasons given above, this revision fails and is dismissed.