MOHAMMED ASLAM SHAIKH HUSSAIN Vs. QAMARUNNISA MOHAMMAD ASLAM

JUDGEMENT

(1.) HEARD Shri Khan, learned Counsel for the applicant, and shri Mirza, learned Counsel for the respondent.

(2.) THE revision is directed against the judgment and order dated 22-1-2000 passed by the Family Court, Nagpur in Petition No. E-49/1997 whereby petition filed by the respondent wife under section 125 of Code of Criminal procedure for grant of maintenance was allowed and applicant was directed to pay maintenance at the rate of rupees five hundred per month to respondent wife and rupees three hundred per month to Master Mohammad Mohsin (son of applicant ). The applicant is directed to pay total amount of rupees eight hundred per month towards maintenance.

(3.) THE case of the respondent wife, in nutshell, is as follows: the respondent (original petitioner No. 1) is the legally wedded wife of the applicant and original petitioner No. 2 Master Mohammad Mohsin is the child born out of this wedlock. The case of the respondent is that applicant used to beat her under the influence of liquor and demand rupees ten thousand from the respondent to be brought from her father towards dowry. The applicant used to threaten the respondent with dire consequences, if she fails to bring rupees ten thousand from her father. It is the case of the respondent wife that mother, brother and sister-in-law of the applicant also used to harass her and on 11-7-1996, they forced her to leave the matrimonial house and since then, she is residing with her parents. It is the further case of the respondent wife that applicant despite having sufficient means neglected her and refused to maintain her and, therefore, she and her child are entitled for maintenance.