Smt. Surjit Kaur vs Sohan Singh

M.L. Singhal, J.—Surjit Kaur and her minor children Parminder Kaur and Lakhbir Singh instituted application u/s 125 of the Criminal Procedure Code in the Court of the Judicial Magistrate 1st Class, Hoshiarpur against Sohan Singh praying for the grant of maintenance to them on the allegations that she was married to Sohan Singh and these are his children born to her. Sohan Singh is a man of means. He is driver in the Punjab Roadways earning Rs. 1800/- per month. He has neglected and refused to maintain them. As a sequel to their Neglect by Sohan Singh, she is putting up with her parents alongwith her children. They are unable to maintain themselves. Parminder Kaur is studying in a Government High School, Binjon in 9th Class. Sohan Singh resisted the claim of Surjil Kaur urging that she was married to his brother Sucha Singh, after whose death, she started putting up with his another brother Darshan Singh. Kichho was the real sister of Surjit Kaur who has married to Darshan Singh. After the death of Kichho. Surjit Kaur took the place of Kichho and started putting up with Darshan Singh and it was through her union with Darshan Singh that these children were born to Surjit Kaur. In a way. he denied altogether that Surjit Kaur was his wife or that these children were his children. It was admitted that he was driver in the Punjab Roadways. It was denied that he was earning Rs. 1800/- per month. In fact, he was earning only Rs.585/- per month. He was to look after his old father and a servant kept for looking after his father.

Mr. N.S Mundra. Judl. Magistrate 1st Class. Hoshiarpur allowed this application vide order dated 7.5.1986. He allowed Rs. 200/-per month to Surjit Kaur and Parminder Kaur each with effect from the date of the application. He did not allow maintenance to Lakhbir Singh, he had since attained majority.

Aggrieved from the order dated 7.5.1986. Sohan Singh went in revision to the Court of Sessions at Hoshiarpur.

Mr. S.K. Chopra. Addl. Sessions Judge, Hoshiarpur accepted the revision and set aside the order of the Magistrate, insofar as. it had allowed maintenance to Surjit Kaur. He, however, maintained the order allowing maintenance to Parminder Kaur.

Aggrieved from that part of this order where through. Surjit Kaur was refused maintenance by the Addl. Sessions Judge, Hoshiarpur. Surjit Kaur has come up in revision to this Court.

I have heard the learned counsel for the petitioner and have gone through the record.

Learned Addl. Sessions Judge did not allow maintenance to Surjit Kaur as according to him, she had inherited property belonging to her previous husband Sucha Singh together with her son Jasbir Singh. She has admitted while appearing as AW1 that she and her son Jasbir Singh inherited the estate of Sucha Singh. It was found that it was for her to have shown that the property inherited by them was not sufficient enough to sustain them. Fact that her son was abroad and that she alone is there to collect the income of the estate of Sucha Singh also influenced the finding of the Addl. Sessions Judge in refusing her claim to maintenance

Learned counsel for the petitioner has submitted that it is not proved that how much land has devolved upon her and her son from Sucha Singh. There is no evidence, that she is deriving any income from that estate. Surjit Kaur could be deprived of her claim to maintenance only if it had been shown that she is able to maintain herself. It should have been shown that Surjit Kaur is getting definite income and that she is maintaining herself with that income.

Surjit Kaur is shown to be the legally wedded wife Sohan Singh, Exhibit Al is the birth certificate in respect of Parmindcr Kaur. Sohan Singh is recorded as father of his child in this record. Exhibit A2 is the Middle standard certificate of Lakhbir Singh. Lakhbir Singh stands shown as the son of Sohan Singh in this certificate. In the voters'' list Exhibit A3, Surjit Kaur is shown as the wife Sohan Singh. This record cannot be explained on any other hypothesis, but on this hypothesis that Surjit Kaur is the wife of Sohan and Parmindcr Kaur and Lakhbir Singh are her children born to her from the loins of Sohan Singh. In proceedings u/s 125 Cr. P.C. reasonable proof of marriage is required. If Sohan Singh still disputes the factum of marriage, he can institute suit for declaration claiming that she is not his legally wedded wife and these children are not his off-spring Till any such finding is returned by the Civil Court, the finding by the criminal Court will ensure that Surjit Kaur is the wife of Sohan Singh and Parminder Kaur and Lakhbir Singh are the children born to her from the loins of Sohan Singh.

In my opinion, the learned Addl. Sessions Judge, Hoshiarpur unjustifiably refused maintenance to the wife/petitioner. So, this revision petition is accepted and the order passed by the Addl. Sessions Judge, is set aside and that passed by the Magistrate is restored.

Repercussion of the order being passed by this Court now is that Cr.M.No.3704-M of 1981 fails and is dismissed, where through, Sohan Singh had desired the quashing of the order passed by the Addl. Sessions Judge, Hoshiarpur and that passed by the Judicial Magistrate 1st Class. Hoshiarpur (supra).