Mohinder Singh vs Balwant Kaur

Harbans Singh Rai, J.—Balwant Kaur respondent filed an application u/s 125, Cr.P.C. in the Court of Sub-Divisional Judicial Magistrate, Batala, claiming maintenance at the rate of Rs. 300/- P.M. which was declined vide order dated February 15, 1985, on the ground that she was held to be not legally wedded wife of the petitioner. She filed a revision in the Court of Additional Sessions Judge, Gurdaspur, and the same was accepted vide order dated October 12, 1985 and she was allowed maintenance allowance at the rate of Rs. 150/- P.M. from the date of the application. Feeling aggrieved, the petitioner has filed this petition.

Actual date notice was issued to the petitioner for April 21, 1989, as his counsel was dead. He was duly served, but none appears for him. I, therefore, proceed to decide this revision petition. I myself have gone through the entire record.

While accepting the revision of the respondent, the learned Additional Sessions Judge, mainly relied upon the admission of Mohinder Singh contained in the will and the agreement dated November 25, 1969, wherein she was admitted to be his wife and that they have been cohabiting as husband and wife since 1956. The order of the learned Additional Sessions Judge is based on evidence and I affirm the same. The amount of maintenance cannot be said to be excessive.

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