KULSUMBI ABDUL HAMIDKHAN Vs. ABDUL HAMIDKHAN ANWARKHAN

JUDGEMENT

(1.) A bickering between the spouses assumed disproportionate dimensions so much so that as per the wife she was deliberately ill-treated and subjected to physical violence also by the husband. According to the wife marriage took place in the year 1967 and three daughters were born out of the wedlock. She was alleged that after the birth of the 3rd daughter, her husband developed illicit relations with another lady by name Shajidabi and he was after his wife to execute a divorce deed which the wife was declining. The wife then alleges that the husband has determined to marry the said lady and, therefore, ill-treated the wife and was driven out of the house since about 2 years prior to the filing of the application under section 125 of the Code of Criminal Procedure. According to the wife she was unable to maintain herself and she had no other source of income, whereas the husband was able to maintain her and the daughters which he neglected in spite of there being sufficient means ; as husband was getting about Rs. 5,000.00 per year as income from the grocery shop and he was also working in the sugar factory. She thus claimed maintenance at the rate of Rs. 250.00 per month for herself and Rs. 150.00 per month for the second daughter herein, who is the 3rd daughter, as two daughters who are elders, are staying with the father.

(2.) This application was resisted by the Respondent on all counts. According to him he had never married second wife. The main plank of his defence is that the wife voluntarily executed a divorce deed in his favour under which she surrendered her right to future maintenance and as such she is not entitled to apply under section 125 and especially when she has surrendered that right as also received the Meher amount. He denied the factum of his income.

(3.) The learned trial Magistrate on the basis of the evidence before him in Criminal Application No. 90 of 1981 upheld the validity of the contention of the wife and held that she was entitled to maintenance. He was therefore, pleased to award maintenance at the rate of Rs. 100.00 per month for the wife and Rs. 75.00 per month for the minor daughter.