Jangir Kaur vs Jaswant Singh

A.S. Nehra, J.

Ths revision petition is directed against the judgment dated 1681974 passed by Sessions Judge, Faridkot, by which the revision petition of the petitioner was dismissed and the order passed by the Judicial Magistrate I Class, Moga dated 1891971 was upheld.

Petitioner Jagir Kaur resident of village Sadha Singh Wala made an application under Section 488 of the Code of Criminal Procedure against her husband Jaswant Singh, who belongs to village Dagru, claiming maintenance allowance at the rate of 400/ per mensum. It is mentioned in the application dated 7101969 that the parties were married about 11/12 years back. They lived together as husband and wife at village Dagru for about 6 or 7 months. No child was born as a result of this wedlock. Just after the marriage, Jaswant Singh became annoyed with his wife, because she did not bring sufficient dowry and a motorcycle with her. The husband used to give beating to the wife. Then he turned her out of his house after beating her. The husband Since then, she has been living with her parents. Gurbachan Singh uncle of the petitioner took Panchayat to the house of the respondent several times but he refused to keep her. In this way she has been neglected by the respondent.

In his written statement, the respondent denied that he had ever demanded any dowry, or gave any beating to his wife. He is in service at Asansol (West Bengal). The father of the petitioner died as a result of accident. Then she started competing the respondent to leave service and start living in village Dagru which he could not do as he had no other source of income. The petitioner owns about 10 acres of land. After exhausting all efforts to bring her back, the respondent filed a petition under Section 10 of the Hindu Marriage Act against the petitioner at Asansol.

Mohinder Singh AW 1 belongs to village Sadda Singh Wala. He has stated that the went along with the Panchayat to village Dagru to prevail upon Jaswant Singh to keep Jagir Kaur as his wife. Jaswant Singh declined to keep her. He asserted that he would remarry. The witness has further stated that the respondent declined to keep the petitioner with him, when the Panchayat went there for the second time.

Wasakhs Singh Lambardar also belongs to village Sadda Singh Wala. He has also stated that he went with the Panchayat to the house of the respondent who declined to keep the petitioner as his wife.

Jagir Kaur appeared in the witness box as AW3 in support of her case. According to her, she lived with the respondent for six months. He demanded a motor cycle. Thereafter, she came to the house of her parents after a quarrel with her husband. She asked her father to give a motor cycle to the respondent. Her father said that he was helpless. He had turned her out after beating her. He was saying that he would remarry. She has further stated that when she came to the house of her parents, there were marks of injuries on her person. After the death of her father, she got five kilas of land but she made a gift of it to her brothers. The respondent is drawing Rs. 700/ or Rs. 800/ per month as his pay. According to her, she is not prepared to go to his house even if security is furnished. At present, he is working at Asansol in a factory.

Gurbachan Singh (AW 4) belongs to village Sadda Singh Wala. He has stated that the respondent turned the petitioner out of his house 5 or 6 months after the marriage. He demanded a motorcycle from her. When she came home, there were injuries on her person. However, she was not got medically examined. A Panchayat was taken to his house but he did not agree to keep the petitioner with him.

The respondent examined Bhag Singh RW 1 of his village Dagru. He is a member Panchayat and Lambardar besides a member of the Block Samiti. According to him, the petitioner lived with the respondent for four or five years. There was no dispute between them. The respondent did not demand motor cycle. Six or seven years back, the father of the petitioner died and then she went to his house. She never returned thereafter.

From the evidence of the parties, it is not established that Jaswant Singh ever beat or maltreated Jagir Kaur. It appears that she does not want to live with her husband in Bengal and insists that he should leave service and live in his village Dagru. She has no right to force him to leave service.

Ex. R 3 is copy of the order dated 9671 passed by the Additional District Judge, Asansol. Jaswant Singh had made petition against his wife Jagir Kaur under Section 10 of the Hindu Marriage Act on 4969. It was found that Jaswant Singh did not treat Jagir Kaur with cruelty, as alleged by her and that she had withdrawn without any reasonable excuse from his society. In view of this finding, a decree for judicial separation was passed.

Jaswant Singh filed petition under Section 10 of the Hindu Marriage Act on 491969. Petition under Section 488 of the Code of Criminal Procedure was filed on 7101969, by Jagir Kaur. It has been held in Baldev Raj and others v. Pushpa Rani, 1970. Current Law Journal 157 that if a decree for judicial separation has been passed against wife, it would imply that the wife has no reasonable ground for not living with the husband. In such a case, SubSection (4) of Section 488 of the Criminal Procedure Code would come into operation and the wife would not be entitled to maintenance.

In view of the above discussion, there is no merit in this revision petition and the same is dismissed.