PRITAM SINGH Vs. SHMT. SOWARNI

JUDGEMENT

(1.) THIS petition for revision has arisen from proceedings under Section 488 of the Code of Criminal Procedure which, were initiated by means of an application, dated the 25th of July, 1964, filed by Shrimati Swarni, Respondent claiming maintenance for herself and her minor daughter named Shisho on the plea that Pritam Singh Petitioner was her (the Respondent's) husband and the father of Shisho and that he had failed to maintain them for a period of 2 1/2 years preceding the commencement of the proceedings. It was mentioned in the application that the Petitioner was employed at a salary of Rs. 100 per mensem and was also in possession of landed property which gave him an income of Rs. 5,000 or 6,000 per annum. It was prayed that a monthly maintenance allowance of Rs. 50 for the Respondent and one of Rs. 20 for Shisho be awarded.

(2.) THE case of the Petitioner was that no marriage between the parties had ever taken place and that the Respondent was really the wife of one Kartar Singh, who was alive.

(3.) KARTAR Singh (P.W. 2), ex -Panch of village Kahnuwan supported the case of the Respondent and stated that she was married to the Petitioner about eight years earlier where after she resided with her husband at the latter's house and gave birth to a daughter. He further deposed that the Petitioner had turned out the Respondent and since then she had been residing with her parents. The witness pleaded ignorance about any previous marriage of the Respondent.