RIYASATBI SHAIKH JANI Vs. SHAIKH JANI SHAIKH KASAM

JUDGEMENT

(1.) Both these criminal revision application arise out of the same judgment by the learned Civil Judge, (Junior Division) and Judicial Magistrate, First Class, Gangapur in Miscellaneous Criminal Application No. 2 to 1976 on his file and they arise out of the following facts.

(2.) Initially, Riyasatbi (hereinafter referred to as "the wife") filed an application for maintenance for herself and for daughter Najmabi (original petitioner No. 2) against Shaikh Jani (hereinafter referred to as "the husband") at the rate of Rs. 175/- per month. It is not disputed that Riyasatbi and Shaikh Jani were married to each other and the marriage is still subsisting. The wife alleged that the relations between the couple were cordial for about five to six years after the marriage and thereafter the husband started ill-treating her on flimsy grounds. The wife further alleged that on one occasions the husband beat her so heavily with an iron rod that she was admitted to the hospital. She alleged further that thereafter the husband drove her out of the house along with the child and thereafter did not care or their maintenance at all. She further alleged that the husband was having sufficient means and hence this application.

(3.) The husband resisted this application and he denied ill-treatment and beating as alleged by the wife. He offered to maintain her in his house. He contended that the wife herself lift his house of her own accord without his consent and against his will. According to him, he tried to bring her back to his house but the wife herself refused to accompany him. He further contended that he issued a notice to her calling upon her to stay with him, but she refused to do so. He contended further that his wife is able to maintain herself. He denied that he had any income from any landed property.