HANIFABIBI Vs. BASIRKHAN ALIKHAN PATHAN AND ANOTHER

JUDGEMENT

(1.) The present application has been filed by the original petitioner, wife of Basirkhan Alikhan Pathan, who is the original opponent No. 1. The short facts of the case can he stated as under:-

(2.) The present applicant Hanifabibi married the oppenent No. 1 Basirkhan at Vadnagar according to Muslim rites in the year 1955. According to her she went to her husband's place and stayed with him as his wife, but the opponent No 1 started ill-treatment from the very beginning as she was not liked by him. That she was driven away by the opponent No. 1 out of the house and sent her at her parents place at Vadnagar and she is there since last 20 years It is also alleged that she was refused maintenance and her husband has neglected to maintain her.

(3.) The petitioner therefore, filed an application being the Criminal Misc. Application No. 44 of 1979 before the learned Judicial Magistrate First Class, Kheralu. In the said application she has also pointed out along with the facts stated hereinabove that in the year 1970 the opponent No. 1 married another woman Hafizabibi and both of them reside as husband and wife at Ahmedabad and after their married life there arc two daughters. The petitioner wife therefore, alleged that she is entitled to reside separately and to get maintenance from the opponent-husband. On the point of quantum the petitioner has stated that the opponent No. I is possessed of a house and agricultural lands and that he is also drawing handsome salary. The petitioner therefore, prayed maintenance at the rate of Rs. 500 per month.