ZEENATH Vs. SULFIKER ALI

JUDGEMENT

(1.) Can the court dismiss a petition for maintenance filed under Section 125 of the Code of Criminal Procedure ( the Code , for short), on the ground that a decree is passed against the wife, in a petition for restitution of conjugal rights

(2.) The revision petitioners are the wife and minor son of the respondent herein. They filed petition before the Family Court, claiming maintenance from respondent, under Section 125 of the code. The claim made by the wife was rejected, but maintenance was ordered in favour of the child at the rate of Rs. 500/- per month. The challenge in this revision is only against rejection of maintenance to the wife. It is made clear at the time of hearing that the quantum of maintenance allowance ordered in favour of the child is not being challenged.

(3.) The parties were married in 1998 and the second petitioner was born in the wedlock. The respondent is having sufficient means as he is engaged in stone-quarrying. He earns Rs. 50,000/- per month out of his work. He allegedly neglected the wife and child and did not even meet any necessary expenses. She left the house of the husband along with her child because of the cruelty inflicted by her husband at his house when they were living together. The petitioner is unable to maintain herself and she claimed Rs. 500/ - per month as monthly maintenance from the respondent. The respondent filed a counter statement and denied all the allegations. His case is that the first petitioner is refusing to live with him, without any valid reason. He also disputed the sufficiency of means and also the alleged neglect.