ABDUL RAJIZ Vs. SAHAJANANBEE

JUDGEMENT

(1.) Both the aforesaid criminal revision application and criminal writ petition arise out of the order passed on 1-2-1994 by the Additional Sessions Judge, Achalpur in Criminal Revision No. 141 of 1991 granting maintenance to Sahejanbee at the rate of Rs. 200.00 per month from the date of application i.e. 26-7-1985 and, therefore, both these matters have been heard together and are disposed of by this common judgment. So far as Criminal Revision Application No. 78 of 1994 is concerned, it is filed by Abdul Rajiz aggrieved by the order dated 1-2-1994 passed by the Additional Sessions Judge, Achalpur, whereby he has awarded the maintenance at the rate of Rs. 200.00 per month to Sahejanbee from the date of application i.e. from 26-7-1985. Criminal Writ Petition No. 114 of 1994 has been filed by Sahejanbee against the order dated 1-2-1994 passed by the Additional Sessions Judge, Achalpur to the extent that the maintenance awarded at the rate of Rs. 200.00 p.m. is too low and deserves to be enhanced to Rs. 500.00.

(2.) It is not disputed by the learned counsel for the parties that Abdul Rajiz and Sahejanbee married on 25-9-1984 according to the Muslim customs and rites. It is also not disputed that since 15-11-1984 Sahejanbee is living separately. The grievance of Abdul Rajiz is that at the time of marriage Sahejanbee was already pregnant and she delivered a child on 15-11-1984 i.e. within two month of marriage and since then she has been living separately. In this view of the matter, Abdul Rajiz filed a suit for annulment of marriage on the ground of fraud and concealment of pregnancy in the year 1986, which has been decreed by the Civil Judge, Senior Division, Achalpur on 19-10-1992 and the marriage between the parties has been declared null and void. Mr. Udhoji, learned counsel for Sahejanbee submits that the said decree passed by the Civil Judge, Senior Division, Achalpur on 19-10-1992 annulling the marriage between the parties is now challenged before the Additional Sessions Judge, Achalpur.

(3.) Mr. Gilda, learned counsel for Abdul Rajiz submits that Abdul Rajiz has not received a notice of the appeal and there is no order passed staying the judgment and decree dated 19-10-1992. Mr. Gilda thus submitted that there is no subsisting marriage between the parties and has been so declared by the competent court.