SAIRABANU MUDASSAR SAYYED Vs. MUDASSAR SALAR SAYYED

JUDGEMENT

(1.) ORIGINAL Petitioners Nos. 1 and 2 have filed this revision application to challenge the order passed by the learned III Additional Sessions Judge, Solapur, reversing the order of maintenance granted to original petitioner No. 1, the wife, at the rate of Rs. 125/- p. m. under Section 125 of the Cr. P. C.

(2.) BRIEFLY stated the facts giving rise to this revision application are as under: It is an admitted position that the marriage of the original applicant No. 1 and the opponent took place on 12-6-1983 as per Muslim rites and, therefore, the original applicant No. 1 is a legally wedded wife of the respondent No. 1. It is also an admitted position that out of the said wedlock a minor son, the original applicant No. 2, is born. The respondent No. 1, it appears, ran away from the house of his father at Mysore and after spending some time at Ulhasnagar he ultimately started residing at Solapur. While he was at Solapur, he was working with one Abdul Kadar and then through thy intervention of the said Abdul Kadar the marriage of the original applicant No. 1 and the present respondent No. 1 took place and they both started residing at Solapur at the house of Abdul Kadar. Original applicant No. 2 was born at Solapur. Later on, however, the father of the respondent No. 1 came to Solapur after learning from Abdul Kadar that his son was at Solapur and took both the original applicants and the Respondent No. 1 to Mysore and they started residing with the father of the respondent No. 1. It is the case of the original applicant No. 1 that as the father did not like the said marriage, ill-treatment was started by the family members of the present respondent No. 1 and due to that ultimately she was required to leave the house of her husband and return to Solapur. She claims that she has been residing with her parents at Solapur. She also claims that she is unable to maintain herself and that her husband has sufficient income to maintain her and the child as he is working as a mechanic at Mysore. She, therefore, filed an application for herself and her child to claim maintenance against her husband. The husband resisted the application filing his say (Exhibit 13) and contended that the wife left his house at Mysore with Abdul Kadar as he refused to reside at Solapur. He also denied the allegations of ill- treatment and that the wife is unable to maintain herself. He on the contrary further claims that he himself is not earning any income as he is a student taking education and studying in XII standard. He, therefore, prays for dismissed of the application.

(3.) ON the strength of the evidence led before the learned Magistrate, he found that the wife had established that she is legally wedded wife of the present respondent No. 1 and that he had wilfully deserted her and that the wife had no source of income to maintain herself and her child and on the other hand the respondent No. 1 has sufficient income to maintain her and, therefore, both the applicants were entitled to maintenance. He accordingly granted maintenance at the rate of Rs. 125/- p. m. to the wife and Rs. 75/- p. m. to the child. Being aggrieved by the said order, the husband i. e. present respondent No. 1, filed a revision application and the learned III Additional Sessions Judge confirmed the order in respect of the claim of the applicant No. 2, i. e. the child, and set aside the order of maintenance passed in favour of the wife. Being aggrieved by the said order, the wife has come to this Court to challenge the order of the learned Additional Sessions Judge whereby the maintenance order passed in her favour was reversed.