MOHD SIDDIQ Vs. ZUBEDA KHATOON

JUDGEMENT

(1.) This reference has been made by the District Magistrate of Lucknow to set aside an order passed by a Special Magistrate of the first class of Lucknow granting Mt. Zubeda Khatoon maintenance under Section 488, Cr. P. C., against her husband.

(2.) The facts as they may be taken to be established at this stage are that Mt. Zubaida Khatoon, who is the lawfully married wife of the opposite party voluntarily left her husband's house & took up her residence with her father. The husband filed a suit for restitution of conjugal rights & obtained a decree on 26-1-1946. The decree, however, was made conditional upon the husband paying Rs. 130 to the wife. This payment was made into Court but the wife did not obey the order contained in the decree for restitution & thereupon the husband applied that the money should be attached & not paid over to the wife until she obeyed the orders of the Court.

(3.) In the meanwhile, the wife instituted suits for recovery of her dower debt & the do wry which had been given to her by her parents & was at her husband's house. These suits were resisted by the husband but they were eventually decreed. The explanation given by the husband was that he resisted the suit for the dower debt because the prompt dower had already been ordered to be paid and he was not liable to pay the balance of the dower until his wife came to his house and took up her residence there. With regard to the dowry, he stated that he did not hand over this dowry because he expected his wife to come and live with him.