MIRZA HASHMATULLA BEG Vs. FARZANA HASHMATULLA BEG

JUDGEMENT

(1.) RESPONDENTS Smt. Farzana and her daughter Sanober filed an application before the Family court for grant of maintainance under Section 125 of the Criminal Procedure Code. She claimed rs. 500/- per month for herself and Rs. 300/- for her daughter, original petitioner No. 2.

(2.) DURING the proceedings the appellant Mirza appeared as original respondent and filed an application, inter alia, contending that he has already divorced his wife under a Talakhnama dated 6th November 1989 in presence of two witnesses and that it was sent by registered post to the original petitioner wife which she refused. He, therefore, contended that the marriage having been dissolved, the Family Court had ceased to have jurisdiction and it was only under Muslim woman Protection of Divorce Act, 1986 that the case could be governed. No regular written statement seems to have been filed on record on his behalf.

(3.) THE learned Judge of the Family Court proceeded to record evidence. The petitioner no. 1 examined herself as her witness and examined one Jainabi as witness no. 2 on the question of quantum of maintenance and the income of the respondent. She also examined Mehurnissa as witness no. 3 on the question of income of respondent-husband.