K MOHAMMED AYUB KHAN Vs. SHAHANAAZ NAAZNI

JUDGEMENT

(1.) THIS Criminal Revision Case has been directed against the order of the Family Court Judge, Salem, by which the revision petitioner was directed to pay a maintenance of Rs. 1,200/= to the first respondent and Rs. 900/= to the second respondent.

(2.) THE respondents filed Matrimonial Case in M. C. No. 10/2003 for maintenance on the file of the Family Court Judge, Salem. The brief facts of the respondents' case are as follows:-The petitioner herein and the first respondent herein got married on 12. 11. 1987 at Bangalore and the second respondent was born to them on 22. 1. 1996. The petitioner and the first respondent lived at Salem. During 1991, the petitioner left for Dubai by taking Rs. 65,000/= from the parents of the first petitioner and returned with empty hands. On 9. 5. 2002 the respondent took from the petitioner's mother a sum of Rs. 30,000/= as loan and drove away the first respondent during he month of June 2002 from the matrimonial home after severely beating her. From that date onwards the respondents are residing in the parents house of the first respondent. The petitioner has divorced his wife by issuing Talak which is not valid in law since it is not accompanied by the offer of return of Mahar amount and payment of alimony during Iddath period. The petitioner is earning about Rs. 15,000/= per month as a two wheeler mechanic and he is a broker for sale of second hand two wheelers.

(3.) THE petitioner contested the Matrimonial Case stating that the first respondent's application on the ground that the averments mentioned in the application are false, he never illtreated the first respondent demanding money or dowry. The allegation that he took Rs. 30,000/= from the first respondent's mother as loan is not correct. It is true that he left for Dubai in the year 1993, but he was not paid any amount alleged by the first respondent. During January 2002, the first respondent along with her mother illtreated the petitioner cruelly and drove him away from the family house. When the petitioner went to take back the first respondent from her mother's house, he was treated with atmost disrespect and the first respondent refused to return to he house of the petitioner. On 6. 11. 2002 the petitioner gave first Talak and on 11. 12. 2002he gave final Talak. The Shariat Court of Salem has approved the dissolution of marriage between the petitioner and the first respondent. On 17. 11. 2002 the first respondent gave an undertaking at the All Women Police Station that she will lead a peaceful life, but she failed to return to the petitioner's house. The first respondent is a Teacher in a Matriculation School and is having S. B. Account No. 24965 at Indian Bank, Fort Branch, Salem. The respondents are not entitled for any maintenance.