HAFIZ MOHD NOORULLAH Vs. NAZIR AHMAD

JUDGEMENT

(1.) KAMLESHWAR Nath, J. Criminal Misc. Case No. 379 of 1987 is a petition under Section 482 of the Code of Criminal Procedure which has been directed to be connected with Criminal Appeal No. 289 of 1987, hence the 2 cases are being decided by this common judgment.

(2.) THE petitioner-appellant was married to Smt. Nighat Parveen on 19-11-1978. THEy be got a son on 16- 12-1979. According to Smt. Nighat Parveen, his name is Nazir Ahmad, the opposite party-respondent; according to the petitioner-appellant, the name of his son is Azizullah and not Nazir Ahmad.

(3.) THE trial court did not accept the theory that the lady had been beaten and turned out of the house. He further found that the lady was making her own earning to the tune of Rs. 600 or 65u per month and therefore she was capable of maintaining herself and consequently was not entitled to any main tenance for herself.