SHAHID HUSSAIN Vs. MEENA RANI & ANR.

JUDGEMENT

(1.) Heard.

(2.) This revision is directed against the judgment and order dated 9th of March 2010, passed by Judge Family Court Nainital, in Misc. Criminal application No. 60 of 2008, whereby said Court has directed the revisionist to pay maintenance at the rate of Rs. 2,500 per month to his minor son Sahib Hussain under Sec. 125 of Criminal Procedure Code. The Trial Court by said order has declined maintenance to the wife of the revisionist.

(3.) Brief facts of the case are that the revisionist Shahid Hussain got married to respondent No. I Meena Rani in the year 1998 according to Muslim rites, and Rs. 25,000 was agreed as an amount of Mehar payable by the husband (revisionist) to his wife. A son (Sahib Hussain) was born out of the wedlock. However, the relations between the parties to matrimony got soured and, since 2008, they started living separately. The minor son lives with the mother. Respondent No. 1 Meena Rani (wife) and her son (Sahib Hussain) moved an application under Sec. 125 of Cr.P.C, before the Judge Family Court, Nainital, for maintenance at the rate of Rs. 8,000 per month. The revisionist contested said petition and pleaded that respondent No. 1 Meena Rani has already being divorced by the revisionist. As to the son, it was pleaded by the revisionist before the Trial Court that the proceedings under Sec. 25 of Guardians and Wards Act are already pending for his custody. The Trial Court after hearing the parties, found that though the wife is not entitled to the maintenance, but considering the economic status of the parties, the Trial Court directed the revisionist to pay maintenance at the rate of Rs. 2,500 per month from the date of application, to his son Sahib Hussain (present respondent No. 2)