G MOHAMED TARIQ Vs. SHAGUFTA

JUDGEMENT

(1.) The present respondent No.1, joined by her son, who is respondent No.2 herein, had instituted a petition against the present petitioner in Crl.Misc.No.308/2007, in the Court of I Addl.Principal Judge, Family Court, at Bengaluru, under Section 125 of Code of Criminal Procedure, seeking maintenance of a sum of Rs. 15,000/- per month at the rate of Rs. 10,000/- per month to the 1st petitioner and at Rs. 5,000/- per month to the 2nd petitioner.

(2.) The summary of the case of the petitioners in the Family Court was that the 1st petitioner was married to the respondent therein (petitioner herein) on 7.8.2000, at Bengaluru, as per the Muslim rites and customs. Out of the marriage, 2nd petitioner was born to them. At the time of marriage, valuables, including gold and cash, were given on demand by the bridegroom side. After the marriage, she went to her matrimonial home at Pernampet-Gudiyatham, Vellor District, where she was staying along with mother-inlaw, brother-in-law, sister-in-law and her husband. The sisters of her husband started subjecting her to torture and tease her stating that she was a divorcee, ignoring the fact that the petitioner/husband was also a divorcee. They were also demanding more money to be brought from her parental house. She was subjected to abuse and ill-treatment by all the members in her matrimonial home. She was not being given with proper food. Though her father fulfilled the demand of the family of the husband of the 1st petitioner, still they did not stop subjecting her to ill-treatment. The husband also sent a legal notice seeking divorce and also filed a petition for the relief of divorce against her. After sending her to her matrimonial home for the delivery of child, she was not taken back by her husband. The petitioners also contended that the respondent-husband was running a tannery business and also earning rent from the properties, having an income of Rs. 1,80,000/- per month. He has deserted them without any rhyme or reason.

(3.) In response to the summons, the respondent/husband appeared in the Family Court and filed his statement of objections, wherein he admitted his marriage and birth of child out of their marriage, however, he specifically denied the alleged ill-treatment, harassment and the demand for dowry. On the other hand, he contended that it was his wife/1st petitioner who refused to stay with him in the village and being accustomed to a city life, she went back to her parents house at Bengaluru. His effort to get her back to house went in vein. As such, he filed a petition seeking divorce in O.S.No.422/2005, on the file of the District Munsiff at Gudiyatham, Vellore. After receiving the said notice, the wife instituted a dowry harassment case against him in C.C.No.18114/2007, on the file of IV Addl.CMM Court, at Bengaluru. The respondent/husband also denied that he has got an income of Rs. 1,80,000/- as contended by the petitioners. On the other hand, he contended that he is working as a commission agent for leather shops and earning a sum of Rs. 5,000/- to Rs. 6,000/- per month. He also contended that on 1.2007, he divorced the petitioner No.1 by pronouncing triple talaq, as such, she is not entitled for maintenance after iddath period.