ABDUL AHAD Vs. NASREEN BANO

JUDGEMENT

(1.) It appears that after a short period of marriage, unfortunately a dispute arose between the parties which ultimately led the respondent to file an application under Section 125, Cr. P.C. before the Family Court. Lucknow. The Additional Principal Judge, Family, Court, Lucknow, by order dated 25-1-1990, allowed the application with a direction to the appellant to pay a sum of Rs. 500 / - per month to the respondent towards maintenance from the date of application. Aggrieved by that order, the appellant Abdul Ahad, the husband of the respondent has filed this appeal under Section 19 of the Family Courts Act.

(2.) We have heard the learned counsels for the parties. Obviously the case of the respondent was that she was being ill-treated and tortured by the appellant and ultimately turned out of the house by him on 15-3-1982. The marriage between the parties had taken place only in June, 1981. The applicant, namely, the respondent also made allegations that the appellant used to return late in the night in drunken state. He was also alleged to have bad habits of gambling etc. Since she objected to the bad habits of the husband she was beaten. It was also alleged that she had no income of her own and was living with her parents. She was thus, unable to maintain herself and claimed Rs. 500.00, out of the alleged income of Rs. 2000 / - per month of the husband.

(3.) The allegations were denied by the appellant and it was submitted on his behalf that he had always been treating the respondent properly and was still prepared to take her with him as his wife. According to the appellant, his wife and her parents wanted him to leave his home, sell his property and start living at Lucknow with them but he was not prepared to do so. According to the appellant, the respondent is staying away from his company without any reasonable cause. She unjustifiably refused to live with the appellant, hence she was not entitled for maintenance. So far income is concerned, the appellant admits to have inherited the property but stated there is no other source of income. It was also the case of the appellant that he had bequeated his all property in favour of his wife which conduct would also show that he is not harsh to her and wants her to live with him.