MOHAMMED GALIB PASHA Vs. AKTHAR PARVEEN

JUDGEMENT

(1.) THE present petition is filed calling in question the Order passed in Cri.Misc.No.160/2011 by the learned District Judge, Family Court, Gulbarga, dated : 7 -2 -2013, in awarding maintenance of Rs.4,000/ - to the respondent no.2 herein.

(2.) FOR the purpose of convenience, I would like to retain the ranks of the parties, as per their ranks before the trial Court.

(3.) SMT .Akthar Parveen for herself and on behalf of her daughter BeBe Fatima who is a minor, filed a petition claiming maintenance against the respondent U/Sec.125 Cr.P.C., stating that petitioner no.1 is the legally wedded wife of the respondent and their marriage was performed as per Muslim rituals in September, 2002. Thereafter, petitioner no.2 was born to them. It is contended that, after six months of the marriage, the respondent misbehaved with the petitioner no.1 and there was compromise and again they started living together and after three months petitioner no.1 became pregnant and she gave birth to 2nd petitioner. Thereafter, the respondent being the husband, started neglecting the petitioners. Therefore, she was forced to file a petition for maintenance. It is contended that respondent has movable and immovable properties within the city and he has educational institutions and has lot of income. Therefore, the petitioners need Rs.5,000/ - each per month.