SHAFFI Vs. AMTUL NISA BEGUM

JUDGEMENT

(1.) This petition, under section 561A, Criminal Procedure Code, is directed against an order of the Sub-Divisional Magistrate dated the 30th November, 1966.

(2.) The respondent had, on the 1st March 1966, filed an application, under section 488, Criminal Procedure Code, against the petitioner. The allegations, in the application, were that the respondent was married with the petitioner on the 9th September, 1962, according to Muslim rites, that the petitioner and the respondent had lived as husband and wife for the period of eight months, that the petitioner had subjected the respondent to cruel treatment and had ultimately turned her out of the house after giving beating. It was, further, alleged that the petitioner, who had sufficient means, had neglected to maintain the respondent. The respondent prayed that the petitioner may be ordered to pay Rs. 130.00 per mensem as maintenance allowance to the respondent.

(3.) After recording preliminary evidence, the Sub-Divisional Magistrate summoned the petitioner for the 16th May 1966. It appears from the order dated the 16th May 1966 that the order of the previous date was not complied with. The Sub-Divisional Magistrate ordered compliance of his previous order. The case was adjourned to the 28th June 1966. Thereafter, notice was ordered to be issued to the petitioner on several dates but the petitioner could not be served. Even the notices were not received back. The petitioner was ultimately proceeded against ex-parte on the 2nd September, 1966. After recording ex-parte evidence, the Sub-Divisional Magistrate passed an ex-parte order on the 30th November, 1966, granting the respondent maintenance allowance at the rate of Rs. 60.00 per mensem from the date of the order.