OSMAN S O ABBAS SHAIKH ANDBISMILLABI Vs. BISMILLABI

JUDGEMENT

(1.) In Miscellaneous Criminal Application No. 125 of 1980, the learned Judicial Magistrate, First Class, Osmanabad, passed an order allowing the said application of the original petitioner-respondent No. 1 in Criminal Application No. 7 of 1984 for maintenance under section 125 of the Code of Criminal Procedure, 1973, and granted maintenance allowance to her at the rate of Rs. 120/- per month from the date of order along with costs of Rs. 75/-. This order of maintenance was challenged by both the husband and the wife, by filing criminal revision applications in the Sessions Court at Osmanabad. Criminal Revision Application filed by the husband Osman was registered as No. 73 of 1983, while that of the wife was registered as No. 92 of 1983. By order dated 9th November, 1983, the learned Session Judge, Osmanabad, dismissed both these revision applications. Feeling aggrieved by the order in both the Criminal Applications, the husband filed Criminal Application No. 7 of 1984 in this Court, while the wife filed Criminal Application No. 60 of 1984. Since both these Criminal Applications arise out of the same order of maintenance passed by the learned Magistrate, they are being disposed of by this common judgment.

(2.) Bismillabi-petitioner in Criminal Application No. 60 of 1984-will be referred to as the applicant, while the husband-Osman will be referred to as the opponent. The case of the applicant in the lower Court was that she was married to the opponent on 6 Rajjab 1397 Fasil and after marriage she stayed with him for a period of one year. The opponent, however, started demanding gifts from the wife. But as her father could not satisfy the demands of the opponent, the opponent started giving ill-treatment to the applicant and she was driven out of the house. Since, then she was staying with her parents. As she was unable to maintain herself and as opponent was possessed of sufficient means, she filed an application for maintenance claiming maintenance allowance at the rate of Rs. 150/- per month.

(3.) This application was opposed by the opponent vide his say, in which he denied all the allegations mentioned in the application. According to him, due to ill-health he could not work and as such he was unable to maintain the applicant. He also contended that the applicant left his house of her own accord and never tried to return to his house and , as such, she was not entitled to claim any maintenance from him.