Jaswinder Kaur and Another vs Piara Singh

L.N. Mittal, J.—Petitioners are wife and minor son respectively of respondent Piara Singh. Petitioners filed petition u/s 125 of the Code of Criminal Procedure (in short, Cr.P.C.) for maintenance against the respondent. Learned Chief Judicial Magistrate, Patiala vide judgment dated 7.4.2009, Annexure P/1 granted maintenance to the petitioners @ Rs. 800/- and Rs. 400/- respectively. The said judgment has been upheld by learned Additional Sessions Judge, Patiala vide judgment (Annexure P. 2) dated 10.11.2010 in revision petition preferred by the petitioners for enhancement of maintenance amount. Petitioners have filed this petition u/s 482 Cr.P.C. seeking modification of judgments Annexures P/1 and P/2 by enhancing the maintenance amount. I have heard counsel for the parties and perused the case file.

Respondent has already transferred 9 bighas land in favour of petitioner No. 2. On the preceding date of hearing, counsel for respondent on instructions from respondent stated that respondent was ready to hand over possession of the said land to the petitioners. Accordingly, respondent was directed to surrender possession of the said land to the petitioners on 11.2.2013 at the spot.

Counsel for the petitioners on instructions from petitioner No. 1 has today stated that possession of the aforesaid land was with Contractor Amritpal Singh who has given affidavit to surrender possession thereof to the petitioners after harvesting the standing crop.

Learned counsel for the respondent on instructions from respondent stated that the respondent shall not interfere in possession of the petitioners over the said land.

In view of the aforesaid, the instant petition is disposed of with direction that the respondent shall pay the arrears of maintenance amount, if any, at the rates granted by the courts below payable till 30.4.2013 and thereafter, the respondent shall not liable to pay maintenance to the petitioners because possession of the aforesaid land has been handed over to the petitioners and income of the said land shall be maintenance for the petitioners. It is also directed that respondent shall not interfere in possession of the petitioners over the aforesaid land. Disposed of accordingly.