MOHD MAROOF Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge of Jaunpur arising out of an application made by Smt. Sultan Jahan alias Rehana against her husband Mohmmad Maroof under Section 488 of the Code of Criminal Procedure.

(2.) IT was alleged by the applicant that she was married to Mohammad Maroof on 20. 10. 1960 and lived with him as his wife till 1962, She was taken by Mohammad Maroof to the house of her mother in village Bharauli at the end of 1962 but he went away after residing with her at that place for three or four days. She gave birth to a son in October 1961. It was further alleged by her that thereafter Mohammad Maroof came to her for a couple of hours, but had not visited her for about a year. He had not paid any maintenance allowance to her or to her child since she came at Bharauli in 1962. It was further alleged that Mohammad Maroof has 70-75 bighas of land and was the manager and partner in a brickkiln. She claimed Rs. 100 for herself and Rs. 25 for her son by way of a maintenance.

(3.) MOHAMMAD Maroof contended that he was not married to Sultan Jahan and, therefore, denied his liability to pay any maintenance allowance to the applicant. He raised a belated plea that the Magistrate had no jurisdiction to entertain the application since he resided in the district of Azamgarh and had not resided at Bharauli in the district of Jaunpur with the applicant.