RAHIMBI Vs. MOHAMMED RAHIMKHAN

JUDGEMENT

(1.) This revision is directed against the Judgment of the Additional Sessions Judge, Akola who set aside the order of separate maintenance allowance made payable to the applicant by the Judicial Magistrate, First Class, Akola.

(2.) The applicant Rahimbi claimed separate maintenance allowance on the ground that she is a legally married wife of the non-applicant ; the marriage having been solemnised at the Akola in the year 1980. The applicant gave birth to a child Imran. She averred that she was ill-treated by the non-applicant soon after the marriage because her parents failed to give what was desired by the parents of the non-applicant at the time of marriage. She alleged that the non-applicant husband started quarrelling along with his relatives inasmuch as she was not given proper food and medicines. According to the applicant, on 12-6-1982, when her brother had conic to the house of Rahim Khan for giving the invitation card of marriage, he noticed that there was a quarrel in between Rahim Khan and Rahimbi and that his sister was weeping. When this fact was brought to the notice of the uncle of the applicant, he took the applicant to her parents' house and since then she has been residing there. Thereafter, the non applicant husband never took care to take the applicant and her son back or even to maintain them. According to the applicant, the non-applicant had sufficient means and yet he neglected her and the son. She claimed Rs. 150.00 as alimony for the son and Rs. 300.00 for herself.

(3.) The non-applicant resisted the claim for grant of maintenance allowance denying the allegations of ill-treatment. According to him. it was the applicant who deserted him and refused to come back to matrimonial home despite the attempts made. He admitted that Imran was his son. The non-applicant further denied that he had sufficient means to maintain the applicant and her son separately.