SURJIT KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) SURJIT Kaur and her minor children Parminder Kaur and Lakhbir Singh instituted application under Section 125 of the Criminal Procedure Code in the Court of the Judicial Magistrate Ist 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 Surjit 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.

(2.) MR . N.S. Mundra, Judl. Magistrate Ist 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.

(3.) 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.