SAU SHAMEEMBEGUM ASGARALI JAHAGIRDAR Vs. ASGARALI ASHRAFALI JAHAGIRDAR

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioner- wife, being aggrieved by the order dated 7th January, 1992 passed by the VI Additional Sessions Judge, Solapur, partly allowing her Revision Application No.131 of 1990, directing the Respondent No.1 husband to pay the amount of Rs. 300/- by way of monthly maintenance to the Petitioner-wife, instead of Rs. 200/- per month, as awarded by the Judicial Magistrate, First Class, Solapur. THIS maintenance amount was directed to be given from the date of application made by the Petitioner i. e. from 1st February, 1989 till the date of divorce of the parties i. e. till 5th October, 1989.

(2.) FEW facts which are required to be stated are as follows: The Petitioner Shameembegum Asgarali Jahagirdar was the legally wedded wife of Asgarali Ashrafali Jahagirdar. Their marriage was solemnised at Solapur on 26th December, 1985 as per Muslim Personal Law.

(3.) PETITIONER's case was that she had no independent source of income, and she was unable to maintain herself. According to her, her husband/respondent No.1 was serving in Health Department and was earning Rs. 2,000/- per month as salary. He also had, according to her, 20 acres of agricultural land at Saigaon, and was earning Rs. 50,000/- per year from the said agricultural lands. The PETITIONER is not willing to reside with Respondent No.1 husband, since he has performed the second marriage, and is residing with his second wife and their children. In view of this situation, application dated 1st February, 1989 was made by the PETITIONER in the court of the Judicial Magistrate, First Class, Solapur, under Section 125 of the Code of Criminal Procedure, 1973, praying that she be awarded Rs. 500/- per month as maintenance.