GUFRAN Vs. STATE OF U.P. & OTHERS

JUDGEMENT

(1.) THE petitioner Gufran who is husband of Smt. Shabana, opposite party No. 2, complainant has filed the writ petition under Article 226 of the Constitution of India to quash the order dated 7.1.2012 passed by Session Judge, J.P. Nagar in Criminal Revision No. Nil of 2012 (Gufran Vs. State of U.P. and others) and also order dated 7.10.2011 passed by Judicial Magistrate/Civil Judge(Junior Division -1), J.P. Nagar in Criminal Case No. 2216 of 2008, under Section 125 Cr.P.C., P.S. Rajjabpur, District J.P. Nagar.

(2.) SMT . Shabana herself and on behalf of her two minor sons Mohd. Jaed and Mohd. Riha filed an application under Section125 Cr.P.C., P.S. Rajjabpur, District J.P. Nagar before the Judicial Magistrate, J.P. Nagar stating therein that she was got married to Gufran according to Muslim rites and sufficient dowry was given in the marriage by her parents. Husband and his other family members were not happy with the dowry given, and since the husband started torturing her and demanded Motorcycle and Buffalo in dowry. Two sons were born out of the wedlock. On 15.7.2008 she was driven by her husband alongwith two sons from her matrimonial house only in the worn clothes. She is unable to maintain herself and her two minor sons and she has no source of income. Her husband has agricultural land and has some vehicles which he plied on hire. Her husband is earning about Rs. 30,000/ - per month from all sources and is capable to maintain her and her two sons.

(3.) THE husband thereafter moved an application under Section 126(2) Cr.P.C. before the magisterial court for quashing ex -parte judgment and order showing his ignorance about the maintenance case on account of non -service of notice upon him. Learned magistrate vide order dated 7.10.2011 allowed the application of the husband and quashed the order dated 6.6.2010 subject to condition that the husband shall pay Rs. 2000/ - per month as interim maintenance to the wife and other minor sons and shall also cooperate in the disposal of the maintenance case on merit.