MANSOOR Vs. MANHUBE MANSOOR PATEL

JUDGEMENT

(1.) THIS Criminal Writ Petition is directed against the order passed by the Addl. Sessions Judge, dismissing Criminal revision No. 145 of 1987 filed by Mansoor, s/o Chand Patel against his own wife and son Maksood and allowing Criminal Revision No. 118 of 1987 filed by the wife Nanhubee granting maintenance at the rate of Rs. 100 per month under Section 125 of the Code of Criminal Procedure.

(2.) THE wife Nanhubee has filed application for maintenance under section 125 of the Code of Criminal Procedure for herself and for a minor son Maqsood against her husband Mansoor. That application came to be registered as. Misc. Application No. 254 of 1986 in the Court of Chief judicial Magistrate, Latur. The allegation of the wife was that she was illtreated by her husband and made her impossible to reside with him and he has neglected and refused to maintain her and so she has right to claim separate residence and maintenance as she is unable to maintain herself.

(3.) THAT application was contested by the husband disputing and denying the allegations of the wife about the cruelty and illtreatment. The learned Judicial Magistrate granted maintenance at the rate of Rs, 90 per month to the minor son Maqsood but he rejected the claim of separate maintenance to the wife Nanhubee.