Jag Singh vs Balvir Kaur

I.S. Tiwana, J. (Oral)

This petition is directed against the order of the Additional Sessions Judge dated September 19, 1986 whereby the petitioner has been directed to pay maintenance to the respondent wife at the rate of Rs. 30/ p.m. Initially the prayer of the wife under Section 125, Cr.P.C. was declined by the trial Magistrate as he formed the opinion that the parties were living separately by mutual consent. The learned Additional Sessions Judge while upsetting that conclusion has found that no evidence whatsoever about the `mutual consent'' was led by the parties. On the contrary he came to the conclusion that the respondent wife had been treated harshly by the petitioner and it was on that account that it became impossible for her to live with him. He further found truth in the allegation of the wife that the petitioner was having a concubine named Garib Kaur. In the light of these facts the further conclusion recorded by the learned Additional Sessions Judge is that the wife was well entitled to live away from the petitioner and to claim maintenance under the above noted section.

Having gone through the records of this case I find no infirmity in the conclusion recorded by the Additional Sessions Judge. Thus this petition is totally devoid of merit and is dismissed.