SAYEED KHAN FAUJDAR KHAN Vs. ZAHEBA BEGUM

JUDGEMENT

(1.) BY this petition under Art. 226 and 227 of the Constitution of India r/w S. 482 of the Code of Criminal Procedure, the petitioner seeks to quash and set aside common judgment dated 31st December, 2003 passed by 2nd Additional Sessions Judge, amravati in Criminal Revision No. 233/2002 and 258/2002 and judgment dated 1st October, 2002, passed by Judicial Magistrate, first Class, Court No. 5, Amravati in Misc. Criminal Application No. 18/2002.

(2.) THE petitioner is serving as Senior Clerk in Maharashtra State Road Transport corporation, Amravati. He owns a house and agricultural land. He is having grown up children from his first wife. After the death of his first wife, the petitioner married the respondent on 27th January, 1995. The respondent is M. A. B. Ed. and was serving as a part-time teacher. The petitioner and the respondent could not pull on well and on 11th September, 1996 the petitioner divorced the respondent. After the divorce, he married third wife.

(3.) THE respondent filed an application for grant of maintenance under S. 125 of the code of Criminal Procedure against the petitioner bearing Misc. Criminal Case No. 87/97 on the ground of desertion. The said application was disposed of for want of prosecution in view of the joint pursis dated 17th july, 1999 filed by both the parties. By said pursis, the parties informed the Court that the respondent (wife) received the articles of Jahej as per list submitted and also the amount of Mehar of Rs. 15000/- and as such the respondent (wife) was not interested in prosecuting the application for grant of maintenance.