REHANA MUSHTAZ TEMREKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is aggrieved by order dated 15/2/2007 passed by the Family Court, Bandra, Bombay, in Petition No.E-218 of 1999.

(2.) An application was filed by the applicant under section 125 of the Code of Criminal Procedure (for short, "the Code") for maintenance for herself and her minor daughter on the ground that respondent 2- husband (for convenience, "the respondent-husband") had abandoned the applicant-wife without any fault on her part and had neglected to maintain her. The applicant had claimed Rs.1,000/- for herself and Rs.1,000/- for her minor daughter.

(3.) The respondent-husband filed written submissions denying all the allegations levelled against him. He, inter alia, contended that the applicant had given undertaking to reform herself and lead a normal life. However, she did not abide by that undertaking. He further contended that the applicant did not show any inclination to lead a happy married life with him and, therefore, he had to dissolve the marriage by pronouncing Talak. It appears that the applicant filed affidavit of evidence dated 26/4/2006. The respondent-husband filed his written statement and also filed certain documents in support of his case. The applicant did not lead any evidence to refute the case of the respondenthusband. She remained absent from the proceedings and, therefore, the court had to proceed in her absence. After perusing the affidavit of evidence and the documents on record, learned Judge dismissed the applicant's claim for maintenance. He observed that the factum of marriage has not been refuted by the applicant and, therefore, her remedy is to make application under section 3 of The Muslim Women (Protection of Rights on Divorce) Act, 1986. He, however, directed the respondent-husband to pay maintenance allowance of Rs.1,000/- per month to the minor daughter from the date of the order and further directed him to clear all the arrears awarded to the applicant by the impugned order.