Decided on September 23,1997

ATMA RAM Appellant


ARUN KUMAR GOEL, J. - (1.)HEARD learned Counsel for the parties.
(2.)IN order to properly appreciate the respective submissions urged by the learned Counsel, it is necessary to notice a few facts relevant for determination of this case.
It is not in dispute that Atma Ram (hereinafter referred to as the 'husband'), is married to Rameshwari Devi (hereinafter referred to as the 'wife') and Pinku (hereinafter referred to as the 'son') is the son of the said parties. Besides the son, parties have another son Gian Singh and Ms. Kamla, a daughter and both these children are admittedly residing with the husband. Case of the wife in proceedings under Section 125, Cr.P.C. was that her husband, his brother Daulat Ram and his sister Bimla as well as the mother of the husband often beats her and a criminal case was filed in that behalf against Daulat Ram which was compromised. Besides this, it was further claimed by the wife that she had been turned out of her matrimonial house by her husband, his brother, sister and mother. Their son according to wife was born in the hospital and since the wife was beaten by the mother of husband in 1987 and was turned out, whereafter the husband had neglected and refused to maintain them as such the proceedings for maintenance came to be initiated. Claim made by the wife and son was disputed by the husband, according to him wife had withdrawn from the society without any justifiable cause and allegations made by her were false and incorrect which were aimed at extracting money out of the husband. In these circumstances, petition was contested and resisted by the husband.

(3.)TRIAL Court after conclusion of the trial, vide judgment dated 27.5.1993 granted Rs. 300/ p.m. to the wife and Rs. 200/ p.m. to the son as maintenance from the date of filing of the application under Section 125 Cr.P.C. i.e. with effect from 1.4.1991. Husband was aggrieved by this order, he preferred criminal revision before the Court below and by means of order dated 20.4.1996, the revision petition filed by the husband was dismissed, hence the present petition under Section 482 of the Cr.P.C.

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