SHAHABUDDIN Vs. SMT. SHAKEELA & ANOTHER

JUDGEMENT

(1.) This criminal revision has been filed against the judgement and order dated 24.2.2009 passed by the Principal Judge, Family Court, Meerut in Case No. 147 of 2003 (Shakeela Vs. Shahabuddin) whereby the learned Judge allowed the application under Sec. 125 Crimial P.C. moved by the applicant-opposite party No. 1 and awarded maintenance at the rate of Rs. 2000.00 each per month to the wife Smt. Shakeela and daughter Km Nimmi from the date of presentation of the application.

(2.) The brief facts giving rise to the present revision are that an application under Sec. 125 Crimial P.C. was moved by Smt. Shakeela, the applicant-opposite party No. 1 to the effect that her marriage was solemnized on 07.5.1969 with Shri Shahabuddin, the revisionist. From their wedlock two daughters and a son were born. In the meantime the revisionist has developed illicit relations with the sister of the opposite party and 2 due to that relation the revisionist used to beat, neglect and torture opposite party. Due to the bad character of the revisionist, the sister of opposite party was got married with one Karimullah. The revisionist is doing the work of tailoring and earning Rs. 6000.00 per month and expend all the money on lavishness. The applicant-respondent No. 1 claimed Rs. 10,000.00 as maintenance for herself and her children. Applicant respondent No. 1 had married her elder daughter after taking loan and due to paucity of money further education of her younger daughter discontinued after intermediate.

(3.) In his written submissions the revisionist has questioned the character of opposite party. He further stated that the opposite party earns Rs. 20,000.00 and Km. Nimmi has become major on 22.1.2002. It is further stated in the written submissions that applicant put pressure on the revisionist to live with her in her Maika and hand over all the income to her. All the children of the revisionist are major. Opposite party is having illicit relations with one Abad alias Naim.