KHADISSA Vs. MUHAMMED

JUDGEMENT

(1.) In a proceeding under S.125 of the Criminal Procedure Code maintenance was granted to the wife by the trial Magistrate at the rate of Rs. 50/- and to her youngest child at the rate of Rs. 40/- per month. The Sessions Judge in revision set aside that order on the ground that the wife was leading an immoral life and the child was illegitimate.

(2.) The parties are Muslims. They were first married 18 years before. After five children were born to them they quarrelled. The husband took the wife to her house and divorced her Thereafter he remarried her and took her to his house, they lived together there for about four months and the wife became pregnant. There was again quarrel between them. The husband took her to her house again, and again, divorced her. It was thereafter that the last child was born. The award of Rs. 40/- as maintenance by the trial Magistrate was for that child. This revision petition is by the wife.

(3.) The Sessions Judge was greatly influenced by the failure to conduct an intermediate marriage between the first and second marriage of the petitioner as cutting at the root of the validity of the second marriage. In Mulla's Mahomedan Law, 17th Edition, it is stated as follows at page 319: