SYED MUSHTAQUE AHMAD Vs. TASNEEM KAUSAR

JUDGEMENT

(1.) THIS is an application under Section 482, Code of Criminal Procedure, challenging the rejection of applicant's contention that in view of the provisions of The Muslim Women's Act, 1986, he was no more liable to make provision for the maintenance of his daughter, after the latter attained the age of the two years. Facts may be stated thus, in brief.

(2.) THE present petitioner Syed Mushtaque was married to Smt. Syeda Kaniz Sibtain on 13-5-1984 at Nagpur. The child Tasneem Kausar was born to the couple on 6-6-1985. She therefore attained the age of two years on 6-6-1987. In the meanwhile on 30th October, 1985, the couple was divorced. Smt. Syeda Kaniz Sibtain quite obviously a well educated person, is a teacher in the Municipal High School at Nagpur under the Corporation of City of Nagpur. Being herself a person who had her own means of livlihood and was earning, she did not therefore herself seek any amount by way of maintenance from her husband. However on behalf of the child Tasneem Kausar she filed Misc. Criminal Application No 114 of 1985 under Section 125, code of Criminal Procedure, claiming a monthly maintenance allowance of Rs. 350/ -. This application was granted. On a Criminal Revision Application to the Sessions Judge the amount however came to be reduced to Rs. 200/- per month. Not satisfied with this, the petitioner here again approached High Court in a petition under Section 482, Code of Criminal Procedure, being criminal Application No. 273/89. The same was decided rejected on 6-9-1989.

(3.) ON the order for payment of Rs. 200/- per month to Tasneem Kausar in Criminal Revisional application No. 1703/86 decided on 18-2-1987, the mother filed, on her behalf, proceedings for recovery of the outstanding arrears of maintenance. The arrears of maintenance due upto 15th may 1987 accordingly came to be recovered at the rate of Rs. 200/-per month.