SHAKEEL Vs. SHAHEENA

JUDGEMENT

(1.) By this order, I propose to dispose of the present writ petition of Mohd. Shakeel against his wife Smt. Shahina Parveen, who has been awarded maintenance at the rate of Rs. 300.00 per mensern by the Courts below.

(2.) Most of the facts are not in dispute. On 3/8/1981, the respondent- applicant filed a petition under Section 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs.500.00permensem from the petitioner alleging therein that she was married to the petitioner according to Mohammedan rites on 12/11/79; that after the marriage, the parties <PG>128</PG> started living together as husband and wife at the house of the petitioner ; that out of the said wedlock, one female child was born on 21/11/80 at the house of the respondent's parents ; that the said child however, expire on 8/7/1981.

(3.) Narrating the circumstances under which she was compelled to leave her matrimonial home, the respondent alleged that right from the date of marriage, the behaviour of the petitioner and the members of his family towards her was very rude and cruel ; that the petitioner also used to give her severe beating every now and then as she was not in a position to fulfil their demands for more dowry ; that within a span of 4 months, she was ultimately given a severe beating and turned out of the house when she was in an advanced stage of pregnancy; that thereafter the petitioner never cared to maintain her or look after her comforts ; that the petitioner even did not enquire about the welfare of the female child and did not provide for any expenses of her maintenance ; that the respondent also did not care even to see the face of the child who ultimately died within 8 months of her birth.