ALI HASAN Vs. ZAMINA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure against the judgment and order passed by Sri Lakshmi Bihari, IV Addl. Sessions Judge, Kheri confirming the order of II Special Magistrate, Kheri by which the applicant was directed to pay rupees ninety for the maintenance of his wife and daughters.

(2.) SRIMATI Zamina moved an application under Section 125 CrPC on 9-2-1978 against her husband claiming maintenance for herself and her two daughters. It was alleged that she was married about 16 years back and she gave birth to one son and two daughters that she along with her daughters was turned out by her husband and thereafter she started living with her brother Mohammad Hasan and with great difficulty she gets one time meal, that she is unable to maintain herself, that the opposite party (her husband) earns about Rs. 600/- per month and he has seven acres of cultivation. Therefore she claimed maintenance at the rate of Rs. 150/- per month. The husband filed a written statement denying various allegations and in para 10 it was stated that he was willing to bring back his wife and promised not to harass her in any manner. He, however, denied having any cultivation. The applicant examined herself and two witnesses. The opposite party examined himself and one witness. The learned Magistrate held that the husband turned out the applicant (his wife) and neglected to maintain her and his two daughters and the wife is unable to maintain herself. He further held that the husband was earning about Rs. 300/- per month. So he awarded Rs. 60/- per month to the wife and Rs. 30/~ per month for her two minor daughters. The matter went up in revision which was dismissed. Hence this petition under Section 482 CrPC.