G.S.CHAHAL,J - (1.) RISHI Pal-petitioner, by means of this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India, seeks quashing of orders Annexures P1 and P2 dated July 10, 1993 and May 29, 1992 respectively.
(2.) THE respondent who is the wife of the petitioner brought an application under Section 125 Cr.P.C. for grant of maintenance to herself and her two minor children on the allegations that she was married to the petitioner about 15 years prior to the filing of the application and out of this wed-lock two children were born. That about two years earlier, she along with her children was turned out of the house and she had no source of income while the petitioner was drawing a salary of Rs. 1600/- per mensem by employment in Railway Workshop, Jagadhri. This application was contested by the petitioner. Though there was no plea of the petitioner in his reply that the respondent was leading adulterous life yet he led evidence inclusive of the statement of Dr. Ritu Magoo, Medical Officer, Civil Hospital, Yamunanagar to the effect that Kamlesh had been admitted to the Hospital on September 30, 1991 with a pregnancy of five months and a still-born child was removed from her womb on October 1, 1991. On the basis of this evidence, it was tried to be established that the respondent was leading adulterous life and not entitled for maintenance.
(3.) THE learned Magistrate while dealing with this aspect of the matter did not accept the evidence, but further held that even if this is accepted as single act of adultery cannot deprive the respondent of maintenance.;