K ZUNAIDEEN Vs. AMEENA BEGUM

JUDGEMENT

(1.) THIS appeal is referred against the order of Principal Family Court, Madras in M.C.No. 159 of 1989. The claim before the Family Court was made by the wife and minor child. represented by the mother against the appellant herein under Section 125. Code of Criminal Procedure for maintenance.

(2.) THE marriage between the appellant and the first respondent took place on 21.2.1988 according to Muslim rites. When the first respondent was carrying the child of the appellant it said that the appellant demanded a dowry of Rs. 15,000 and since was not complied with, the appellant is said to have issued a notice containing certain allegations. A reply notice was also given. On 12.12.1988, the second respondent minor child was born. THE appellant is said to have issued a notice stating that he had divorced the first respondent on 23.2.1989. THE respondent stated in their petition that they had not property or income and they were unable to maintain themselves. THE appellant is said to be employed in the Survey Office on a monthly salary of Rs. 2,500.

(3.) THE lower court after attempting conciliation between the parties, had proceeded to discuss the evidence adduced by both sides THE lower court has referred to the exchange of notices and finds that the feelings between the parties continued to be the same even after the birth of the child. It is not disputed that a sum of Rs. 1,501 being the mahar amount was sent by a demand draft. Ex. D-5-D8 prove that such payments had been made. THE Kazi has also declared that the marriage between the parties had been dissolved as could be seen from Ex D1 1 dated 24.6.1989.