ZAITOONBI Vs. SHAIKH FARID

JUDGEMENT

(1.) APPELLANT is the original Applicant in a Family Court case for grant of maintenance under Section 125 of the Code of Criminal Procedure. Originally, she had preferred the application under Section 125 before the Metropolitan Magistrate, Andheri where part of the evidence was recorded. However after the establishment of the Family Court, the matter was transferred and registered before the Family Court No. 2 at Bandra. It was registered as Petition No. E/1272/89.

(2.) IT was the case of the appellant -applicant that she was the legally wedded wife of the respondent Shaikh Farid, their marriage having been performed in the year 1962 according to Mohammedan rites. Accordingly, they cohabited together for a period of two years. But in the year 1964 the respondent married another woman and deserted the applicant. It is also her case that initially she was married to one Musa Usman who expired in the year 1952 and it is after a gap of 10 years thereafter that she married the respondent who happened to be a friend of her deceased husband.

(3.) THE respondent husband contested the proceedings for maintenance and denied the relationship of husband and wife between the parties. He did admit that he was knowing the applicant and that he had helped her when she was in financial difficulties. However he is specific that there was no marital relationship between them. He has also made an allegation that the applicant was working in film industry and had several marriages with other persons and the last one was Musa Usman who died in the year 1952. While on the other hand, he claims to be coming from a respectable family with a happy marital life and a child.