SABERA BEGUM Vs. G M ANSARI

JUDGEMENT

(1.) The two petitioners in this Criminal Revision Application, who are mother and son respectively, have impugned the judgment and order of the learned Chief Judicial Magistrate, Nanded, dated 27-9-1977 dismissed the petitioners application for maintenance under section 125 of the Code of Criminal Procedure and further passing an order of costs of Rs. 20/- in favour of the first opponent and against the petitioners.

(2.) The first petitioner claimed to be the legally wedded wife of the 1st opponent. The second petitioner claimed to be the son born of the wedlock of the first petitioner and the 1st opponent. The first petitioner stated that she was born a Hindu and had been originally name as Rukmini and her fathers name was Malhari and her mothers name was Manabai. After the death of her mother, her father married a lady named Shevantabai. After her fathers death Shevantabai remarried one Pundlik and they went to live at Nanded, on the land belonging to the 1st opponent. The 1st petitioner stated that she was married to one Shankar who hailed from village Bachoti. A son named Suraj was born out of this first marriage.

(3.) The 1st petitioner then stated that about 20 years ago from the date, on which she deposed, she and her first husband Shankar went to visit her step-mother Shevantabai and her husband Pundlik at Nanded on the occasion of the Nagpanchami festival. It was the 1st petitioners case that at this time she formed an acquaintance with the 1st opponent who used to accost her at the well which was closed to her house and there molest her. About a fortnight after their stay with Shewantabai, the 1st opponent assaulted Shankar and drove him away. Thereafter, according to the 1st petitioner, she was kidnapped by the 1st opponent and taken to Hyderabad. There she was confined in a room at Chelapura. The 1st opponent insisted upon the 1st petitioner to renounce her religion and to embrace Islam. Initially, however, she declined to do so. After staying in Hyderabad for about a year, the 1st opponent brought the 1st petitioner to Nanded and they started living together in the house of Mirza Qayum Beg. She stated that at this time she got herself converted to the Muslim religion and her name was changed to Sabera Begum. She stated that one Mohammed Yusuf and Qayum Beg were present at the time when her conversion ceremony took place. The 1st petitioner stated that she embraced the Muslim religion on the 1st opponent promising to marry her.