NAO SHABHA KHANAM Vs. ISHTIAQ KHAN

JUDGEMENT

(1.) This revision is directed against the revisional order setting aside order of the Magistrate granting maintenance to the petitioner and her daughter under Section 125 Cr. P.C.

(2.) It is not disputed that the revisionist and opposite party no. 1 were married. Their marriage has not been happy and they have been living separately for long. Opposite party no. 1 filed a suit for restitution of conjugal right. On the other hand, the revisionist filed a petition under Section 125 Cr, P.C. claiming maintenance for herself and her daughter. She alleged that her husband assaulted her and divorced her. She further alleged that she is unable to maintain herself. Husband denied all the allegations of the wife and asserted that the wife has deserted without any rhyme or reason.

(3.) Learned Magistrate disbelieved the story of divorce alleged by the wife. The Magistrate, however, upheld the case of the wife that the husband assaulted her and that the wife is unable to maintain herself.