ABDUL SHAKOOR Vs. KULSUM BIBI

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Rae-Bareli, in a case under Section 488 Cr. P. C.

(2.) SHRIMATI Kulsum Bibi had filed an application under Section 488 Cr. P. C. against Abdul shakoor, her husband, claiming maintenance for herself as well as their three children. Abdul shakoor resisted the application on the ground that he had divorced Shrimati Kulsum Bibi earlier and he was ready to maintain her children, The trial Court disbelieved the story of divorce set UP by Abdul Shakoor and ordered that he should pay maintenance at the rate of Rs. 25/- per mensem to Shrimati Kulsum Bibi and Rs. 15/- per mensem to each of the three children. Abdul Shakoor went up in revision against this order and the learned Sessions Judge maintained the order of the trial Court as far as it related to the maintenance; of the three children. It, however, felt that the order awarding maintenance to Shrimati Kulsum Bibi was not justifiable in view of several decisions given by different authorities of different High Courts. He thereupon made this reference to this Court so that an authoritative pronouncement might be given on the point.

(3.) THE Counsel for Abdul Shakoor contested before me that the amount of maintenance awarded was excessive as the trial Court has arbitrarily come to the conclusion that Abdul Shakoor is a man of means. I am not inclined to enter into this question at this stage and I accept the conclusions reached on this point by the trial Court as well as the first revisional Court. It seems to me that Abdul Shakoor must be a man of means because he himself alleged that when his wife left his house, she ran away with jewellery worth Rs. 3000/ -. Obviously jewellery of such value cannot be found in the house of a person who has no substantial means. Again I find that Abdul shakoor has at least taken two wives after divorcing Shrimati Kulsum Bibi and this again suggests that he cannot be devoid of means. I, therefore, see no reason to reduce the amount fixed by the trial Court.