AIJAZ AHMAD LALRI Vs. SHAJEHAN BEGUM

JUDGEMENT

(1.) This is an application for quashing the orders dt. 9-8-1979 and 14-8-1980 of the Magistrate and the Additional Sessions Judge in revision respectively in a proceeding Under Section 125, Cr.P.C. (Annexures "2" and "1" respectively).

(2.) It would appear that the opposite party No. 1, who is the wife of the applicant, moved an application seeking maintenance for herself as well as for the daughter, born to applicant and opposite party No. 1. A maintenance of Rs. 50/- per month was allowed to opposite party No. 1 while a maintenance of Rs. 30/- per month was allowed for opposite party No. 2.

(3.) It is urged that in the application it was not alleged by the opposite party No, 1 that she is unable to maintain herself and that was fatal and the application could not have been entertained. I may at the very outset observe that this ground would apply only to opposite party No. 1 and not at all to opposite party No. 2.