MUSHTAQ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri Haidar Husain learned counsel for Smt. Rehana and also Sri Y.M. Zaidi, learned counsel for Mushtaq Ahmad at a great length. I have also heard Sri A.K. Dev edi, learned counsel for the State.

(2.) This instant case speaks volumes about the devious methods adopted by Mushtaq Ahmad, husband of unfortunate and deserted wife and Smt. Rehana her three minor children depriving her and her children from getting maintenance from her husband awarded by the learned Magistrate.

(3.) Smt. Rehana filed an application under section 125 Cr. P.C. on her behalf and on behalf of her three minor children on 5.4.82 before the learned Magistrate, Muzaffarnagar praying maintenance allowance of Rs 500/- per month from her husband, Mustaq Ahmad appeared before the court on receipt of the notice and he took six adjournment from the court for filing written statement but he did not file the same and thereafter absented himself from the Court on the date of hearing. The learned Magistrate therefore, passed an ex-parte order on 31st July 1982 awarding Rs, 500/- per month as maintenance allowance from her husband Mushtaq Ahmad. The said ex parte order was set aside by the learned Magistrate on 21.9.1982 on the application of Mushtaq Ahmad and the same day Mushtaq Ahmad filed written statement in the case. The examination in chief of Smt. Rehana was recorded by the learned Magistrate on 15.3.83 but Mushtaq Ahmad instead of cross examining Smt. Rehana, moved an application for adjourment praying for cross-examination Smt. Rehana on some other date. The learned Magistrate allowed the request and adjourned the case for the next date. Mushtaq Ahmad however, did not cross examine Smt. Rehana though several dates were given 10 him by the learned Magistrate and ultimately the learned Magistrate on account of absence of Mushtaq Ahmad had to pass ex-parte order on 15.7.83 awarding Rs. 500/- per month as maintenance to Smt. Rehana and her three minor children. Mushtaq Ahmad again went in revision before the learned Sessions Judge against the aforesaid ex-parte order and the learned Sessions Junge by his order dated 19.12.83 set aside the aforesaid ex-parte order and remanded the case for disposal to the court below Further the learned Sessions Judge had imposed a condition on Mushtaq Ahmad to deposit a sum of Rs. 2500/- as interim maintenance for his wife and three minor children in the court of the Magistrate as interim maintenance for one year to be adjusted towards final order of maintenance and held that the ex-parte order be treated as set aside and thereafter Smt. Rehana shall offer herself for cross-examination However, Mushtaq Ahmad with the intention of non-complying with the aforesaid condition imposed by the learned Sessions Judge filed an application in the High Court under section 482 challenging the legality of the order dated 19.12.83 passed by the learned Sessions Judge. The said application under section 482 Cr. P.C. was dismissed by Hon. Wahajuddin J. on 10-12-84. Mushtaq Ahmad did not deposit Rs. 2500/- and be also did not cross-examine Smt. Rehana. The learned Magistrate ultimately placing reliance on the evidence on record passed again an ex-parte order on 23-3-85 awarding Rs. 500/- as maintenance. Mushtaq Ahmad again filed an application for setting aside the aforesaid ex parte order dated 23-3-85 which rejected on 11-6-.85 by the learned Magistrate holding that it is apparent from the conduct of Mushtaq Ahmad that he does not want that the case be finally decided. Mushtaq Ahmad again filed a revision before the learned Sessions Judge against the aforesaid order of the Magistrate dated 11-6.85which was dismissed by Sri D.P. Warshney, II AddI. Sessions Judge, Muzaffar Nagar on 20-1-86 with the result that the order dated 23-3-85 passed by the learned Magistrate granting maintenance of Rs. 500/- to Smt. Rehana and her three minor children had become final. Mushtaq Ahmad also did not challenge the aforesaid order dated 20-1-86 passed by Sri D.P. Warshney, 11 AddI. Sessions Judge, Muzaffarnagar affirming the order dated 23-3-85 passed by the learned Magistrate. Thereafter, proceedings for the recovery of Rs. 21000/- from Mushtaq Ahmad as maintenance were started by the learned Magistrate who issued attachment order and warrant of arrest against Mushtaq Ahmad on 13-12-1987 and 16-12-1887 Mushtaq Ahmad appeared before the Magistrate and filed objection for recalling the order dated 13-2-87 and 16-2-87 regarding issue of process for the recovery of arrears. The learned Magistrate recalled the order dated 13-2-87 and 16-2-87 but Mushtaq Ahmad again filed a revision in the court of the learned Sessions Judge against the order dated 13-2.87 and 16-2-87 passed by Ranjan Pandey, Munsif Magistrate I, Muzaffarnagar.