ABDUL MAJID Vs. SAIDABANO W/O ABDUL MAJID

JUDGEMENT

(1.) THERE is challenge to the judgments and orders made by the Courts below about maintenance to the respondent - wife and her two children.

(2.) IN support of the writ petition, learned Counsel for the petitioner argued that the respondent - wife being a divorced wife is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure. He then argued that no evidence was brought before the Court to prove refusal or neglect and therefore, the Courts below erred in awarding maintenance. He then argued that reading of the judgments and orders made by the Courts below clearly show non-application of mind on this aspect and therefore, the proceedings are required to be remitted to the trial Court for fresh consideration.

(3.) SUBMISSION made by learned Counsel for the petitioner that it is the wife who herself went to her parents' house is also incorrect in the light of her evidence to that effect. Hence, appreciating the evidence of P.W.1 - wife/Saidabano and having given careful consideration to the cross-examination as well I come to the conclusion that refusal or neglect has been clearly proved by her. In the result, I do not find any merit in the present criminal writ petition. The same is, therefore, dismissed.