MEHARUNNISA Vs. SYED HABEEB

JUDGEMENT

(1.) I, feel it is just and appropriate to start this judgment by quoting a great universal verse, in Manusmrithi which often referred with regard to the protection of the women, which is being admired with great respects, irrespective of caste, creed, colour and religion;

(2.) In the case on hand, a major Mohammedan girl (unmarried major daughter) who succeeded before the J.M.F.C. Tumkur in Crl. Misc. No.455/07 in getting maintenance of Rs.800/- per month against her father till her marriage under Section 125 of Cr.P.C. but failed in the Revision Petition before the Fast Track Court, approached this Court for restoration of the orders of the J.M.F.C., by setting aside the order passed by the Fast Track Court, Tumkur in Cr.R.P. No. 149/12 dated 25.10.2013.

(3.) The factual matrix emanate from the records are that the petitioner Meharunnisa filed a petition u/s. 125 of Cr.P.C. claiming maintenance of Rs.3000/- per month till the date of her marriage against her father Syed Habeeb (the respondent herein). Subsequently, the respondent has developed hostile attitude towards the petitioner and her mother, and deserted them by contracting another marriage. He did not make arrangements for maintenance of the petitioner. He also neglected and refused to maintain her though capable of maintaining the petitioner. Having no source of income, being unable to maintain, the petitioner has made several attempts by making repeated requests to the respondent to provide her basic needs for sustenance. All her attempts went in vain; she inevitably filed a petition u/s. 125 of Cr.P.C. before the trial Court in C. Misc. No.455/07.