{"id":44073,"date":"1990-10-30T00:00:00","date_gmt":"1990-10-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/arun-kumar-sharma-vs-rama-sharma-and-anr-on-30-october-1990"},"modified":"2018-05-29T09:18:31","modified_gmt":"2018-05-29T03:48:31","slug":"arun-kumar-sharma-vs-rama-sharma-and-anr-on-30-october-1990","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/arun-kumar-sharma-vs-rama-sharma-and-anr-on-30-october-1990","title":{"rendered":"Arun Kumar Sharma vs Rama Sharma And Anr. on 30 October, 1990"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Arun Kumar Sharma vs Rama Sharma And Anr. on 30 October, 1990<\/div>\n<div class=\"doc_citations\">Equivalent citations: I (1991) DMC 602, (1991) 99 PLR 218<\/div>\n<div class=\"doc_author\">Author: S Grewal<\/div>\n<div class=\"doc_bench\">Bench: S Grewal<\/div>\n<\/p>\n<pre><\/pre>\n<p>JUDGMENT<\/p>\n<p>S.S. Grewal, J.<\/p>\n<p> 1. On application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for grant of maintenance moved by Smt. Rama Sharma (hereinafter referred to as the wife) on her own behalf and on behalf of her minor daughter Geetika, Judicial Magistrate 1st Class, Ludhiana, vide his order dated 9th June, 1989 awarded maintenance allowance at the rate of Rs. 500\/- per month for the wife, and, at the rate of Rs. 200\/- per month for her minor daughter Geetika with effect from the date of the said order against Arun Kumar Sharma (hereinafter referred to as the husband). Both the parties filed revision petitions against the aforesaid order passed by the trial Magistrate and the learned Additional Sessions Judge, Ludhiana, partly allowed the revision petition filed by the wife on her own behalf and on behalf of her minor daughter and granted maintenance allowance from the date of the application before the trial Magistrate, whereas, the revision filed by the husband for setting aside the order for grant of maintenance was dismissed.\n<\/p>\n<p>2. Aggrieved against the order passed by the Additional Sessions Judge, Ludhiana, the husband filed two petitions under Section 482 of the Code i.e. the present petition and Crl. M. No. 8678-M of 1990. Since common question of law and fact are involved both these petitions shall be disposed of by one order.\n<\/p>\n<p>3.    In brief facts relevant for the disposal   of this   petition  are   that the  marriage   between   the   parties was solemnised on 14-4-1982 and out of the said wedlock their daughter Geetika was  born   on   30-8-1983,    Parents of the   wife  gave  sufficient  dowry   and   Istridhan  at the time of marriage. However, the husband and the latter&#8217;s parents   were   not   satisfied   with   the dowry  brought  by the wife.    All of them started maltreating her for bringing   inadequate   dowry.    After  Geetika   was  born,   the  husband  and   his relations used to maltreat the wife more often.    She was   given   beating   by her  husband   daily.    Brain Dutt wife&#8217;s brother  came to see her after about six. months of the birth of her daughter and came   to   know that  his  sister was  treated   with   cruelty   by   her  husband   and her in-laws.    He took her along with him.    Thereafter at the  intervention   or  respectables,   the   wife again   started   living  with   her  husband   but   her  husband and her in-laws again maltreated her.    After about six months  the  wife   was   again   turned out   by   her  husband.    After  another six months at the intervention of the respectables she again came   to   the   house   of   her   husband   and   started living there.    The behaviour of her husband and his other  family   members did not change and apprehending danger to   her   life, the wife left the house along with her daughter.    It was further pleaded by the  wife   that   she   has no   source   of  income   of her own,   whereas,   her husband runs a shop of a. Chemist in Samrala Chowk, Ludhiana, under the name   and   style   of  M\/s New Suraj Medical Hall and earns Rs. 5000\/- per month.\n<\/p>\n<p>4. The husband in his written statement admitted the factum of his marriage and the birth of his daughter Geetika. The allegations that he and his parents maltreated the wife were denied. Rather it was pleaded that his relations with his wife were not cordial from the date of the marriage as she wanted to live separately from his parents. He did not agree and on that account his wife started showing disrespect towards him and his parents. After picking up quarrel with him and his parents, she left his house. While going away she took away her gold ornaments and Rs. 5000\/- which was lying in his house. It was further pleaded that he-was always ready and willing to keep and maintain his wife and daughter according to his status. It was also pleaded that he filed a petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights which was pending in the Court of Additional District Judge, Ludhiana. It was further pleaded that the wife does tution work and she earns Rs. 400\/500 per month. Besides, she had golden jewellery and Rs. 5000\/-whereas his own income was not more than Rs. 700\/800 per month.\n<\/p>\n<p>5.    The learned counsel for the parties were heard.\n<\/p>\n<p>6.    On behalf of the wife objection was raised   that   second   revision petition by the husband against the order of the Additional   Sessions Judge, was  not   maintainable.    Both   the   present   petitions   have been filed under Section 482 of the Code and not under Section 397 of the  Code   and   apparently   specific   bar  against   second   revision   as  contemplated   under Sub-section (3) of Section 397 of the Code would not be applicable to   the   facts and   circumstances   of  the   present   case.    I   am   supported   in my view by Division Bench authority of this  Court   in   Charanjit  Singh  and Ors. v. Smt.   Gursharan   Kaur,   1990   Criminal   Law Journal, 1264   wherein   it   was observed   that   the   provisions   of Section 397 of the Code do not constitute or operate as a bar to the exercise by the High Court of its inherent   powers under   Section   482   of the Code.    It was further observed in the aforecited authority that where an order is  amenable  to  revision,   the   order  of the revisional Court should be interfered with very  sparingly and that too only for the purposes as envisaged by Section 482 of the Code.\n<\/p>\n<p>7. The learned counsel for the husband did not contest the finding of the learned trial Court concerning grant of maintenance to his wife and his daughter, presumably in view of the finding of the Courts below that the husband had maltreated his wife and had neglected to maintain her and their daughter and there was sufficient cause for the wife to withdraw from the society of her husband. It was submitted on behalf of the husband that the Additional Sessions Judge, in revision has erred in granting maintenance to the wife and the daughter from the date of application without giving any cogent reason. Reliance in this respect was placed on Single Bench authority of this Court in Rulia Singh v. Smt. Kartaro, 1990(1) Recent Criminal Reports, 77 wherein the order of the Additional Sessions Judge granting maintenance from the date of the application was set aside on the ground that there are no allegations on behalf of the wife that such proceedings before the trial Magistrate were delayed because of any laches on the part of the husband. Reliance was further placed by the counsel for the husband on another Single Bench authority of this Court in Arun Kumar v. Kamlesh Kumari, 1989 (1) Recent Criminal Reports 233, wherein it was observed that maintenance can be granted from the date of application when there are circumstances justifying the same.\n<\/p>\n<p>8. A careful perusal of the orders of the revisional Court in the instant case clearly indicates that neither it was specifically pleaded on behalf of the wife that the husband was responsible for delaying the proceedings for grant of maintenance under Section 125 of the Code, nor, any justifiable reason for directing the order of maintenance to be awarded from the date of the application was given by the revisional Court. The reason advanced in the instant case by the said Court that in case the maintenance allowance is allowed from the date of order, it, would be encouraging the husband to prolong the agony of the neglected wife in facts and circumstances of the present case, cannot be considered to be such a justifible and cogent reason for awarding the maintenance from the date of the application, particularly when the husband had been paying the interim maintenance to his wife during the pendency of the petition under Section 125 of the Code, as observed by the trial Court in its judgment.\n<\/p>\n<p>9. For the foregoing reasons, both the petitions are partly allowed and the order of the Additional Sessions Judge, Ludhiana, granting maintenance to the wife and daughter against the husband from the date of the application is set aside and that of the trial Magistrate granting maintenance to them from the date of order is hereby restored.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Arun Kumar Sharma vs Rama Sharma And Anr. on 30 October, 1990 Equivalent citations: I (1991) DMC 602, (1991) 99 PLR 218 Author: S Grewal Bench: S Grewal JUDGMENT S.S. Grewal, J. 1. On application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-44073","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Arun Kumar Sharma vs Rama Sharma And Anr. on 30 October, 1990 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/arun-kumar-sharma-vs-rama-sharma-and-anr-on-30-october-1990\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Arun Kumar Sharma vs Rama Sharma And Anr. on 30 October, 1990 - Free Judgements of Supreme Court &amp; 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