ABDURAHIMA Vs. KHADEEJA

JUDGEMENT

(1.) This revision has been filed against the order of the Court of Judicial I Class Magistrate, Tirur, in M.C. No. 86 of 1982. The above M.C. was filed by respondents herein claiming maintenance from the petitioner herein, and the learned Magistrate ordered maintenance to the respondents 1 and 2 at the monthly rate of Rs.150/- and Rs.100/- respectively from the date of the petition.

(2.) The case of the respondents in the petition was that in August 1979 the petitioner herein married the first respondent according to Muslim Law and the second respondent was born out of that wed-lock. Later she came to know that the petitioner had another wife. The petitioner began to behave towards her indecently. The child was born at her parents' house. One year before filing of the petition, the petitioner sent the respondents to the first respondent's parental home and thereafter he wilfully neglected to maintain the respondents. Finally he divorced the first respondent.

(3.) In the written objection filed by the petitioner he admitted the marriage, paternity of the child and also the divorce. According to him, he divorced the first respondent because her close relations compelled him to do so. He also averred that the first respondent had knowledge about the previous marriage. He also contended that he paid to the first respondent Rs.1,200/- on her assurance that she will not claim maintenance. He is only a sweeper in a primary school in Dubai. He denied that he is getting Rs.5,000/- as monthly salary. In these circumstances be contended that the respondents are not entitled to claim any maintenance.