MOHD SHAKEEL Vs. MST SABIA BEGUM

JUDGEMENT

(1.) The instant Petition under Sec. 397/401 of the Code of Criminal Procedure, 1908, (hereinafter "Cr.P.C.) has been filed by the Revisionist/Petitioner (hereinafter "Petitioner') seeking setting aside of the Order dtd. 3/4/2018, passed by the learned Judge, Family Court, North-East, Karkardooma, Delhi whereby the Petitioner was directed to pay maintenance to the tune of Rs.4,000.00 per month to Respondent No. 1 and Rs.3,000.00 to Respondents No. 2 and 3, each till attaining the age of maturity, alongwith litigation expenses of Rs.11,000.00.

(2.) It has been alleged by the Respondents that the marriage between Petitioner and Respondent No. 1 was solemnized in January, 1994, according to Muslim rites and ceremonies. Respondents No. 2 and 3 were born out of their wedlock. Prior to her marriage with the Petitioner, the Respondent No. 1 was married to one Likayat Ali and had four children out of that wedlock, namely, Danish, Monish, Sanah and Farah. It has been alleged that the Petitioner accepted the children of Respondent No. 1 and gave his name as their father in the school records.

(3.) The Petitioner along with Respondents and said four children were residing together at their matrimonial house at Khajoori Khas, Delhi. However, due to disputes between the first wife of the Petitioner and Respondent No. 1, the Petitioner purchased a separate property at Ziauddinpur, Delhi and started living there alongwith the Respondents.