MOHD KHALIL SIDDIQUI Vs. SHAYISTA BEGUM

JUDGEMENT

(1.) MOHD. Khalil Siddiqui was facing maintenance proceedings initiated by bis wife Smt Shayista Begum on the allegation that he had turned her out, leaving her with no choice except to go to her parents' house with one girl and a baby in her womb. The allegation of Shayista Begum is also that MOHD Khalil Siddiqui has married, apart from the marriage with her, two other marriages.

(2.) WHEN the Judge, Family Court summoned Mohd. Khalil Siddiqui to appear before him on the petition for maintenance initiated by his wife, he chose to file the present habeas corpus petition as a counterblast to the proceedings under section 125 CrPC 1973. In the counter affidavit Shayasta Begam complained that her husband would neither pay her maintenance nor would appear before the Judge, Family Court for consideration of her maintenance. Thus, this court passed an order on 14 May 1990 requiring the husband, Mohd. Khalil Siddiquii, petitioner before this Court, that he will appear before the Judge, Family Court on a certain date and submit whatever he desires to say should he elect to contest proceedings on maintenance

(3.) THE Court records that Shayasta, Begam was turned out of her husband's house, while she was carrying a, child in her womb and another. Mohd Vakil was of a tender age. THE Judge, Family Court has given reasons why he is granting maintenance as also the quantum of the maintenance. THE Family Court has also noticed that amidst proceedings before that Court Mohd. Khalil Siddiqui chose to file a habeas corpus petition before the High Court for the sole purpose of inhibiting the Family Court from proceeding further.