SYED GHULAM SAJJAD Vs. PARVEEN FATIMA

JUDGEMENT

(1.) Criminal Miscellaneous Petition No. 1779 of 1980 filed under section 482, Criminal Procedure Code, is to quash the order dated 26th June. 1980, of the T Additional Metropolitan Sessions Judge, Hyderabad in Crl.R.P. No. 97 of 1980 confirming the order of the II Metropolitan Magistrate in M.C. No. 44 of 1978.

(2.) The material facts can be briefly noticed. The petitioner is a police constable. He married the respondent on 9th September, 1974. They have been living separate since 23rd June, 1977. According to the respondent, the petitioner is an addict to drink and was beating her and ill-treating her and has driven her out of the house. According to the petitioner, the respondent was frequently leaving the house to live with her parents and she ultimately left the matrimonial house taking away some Articles on 23rd June. 1977. The petitioner gave notice to the wife and ultimately filed O.S. No. 941 of 1978 for restitution of conjugal rights on 7th April, 1978. During the pendency of that suit the respondent filed M.C. No. 44 of 1978, O.S. No. 941 of 1978 was decreed ex parte on 29th July, 1978. The respondent took no steps to have that ex parte decree set aside and it has become final. M.C. No. 44 of 1978 was allowed in favour of the respondent granting to her a monthly maintenance of Rs. 100. The petitioner unsuccessfully carried the matter in revision before the I Additional Metropolitan Sessions Judge in Criminal R. P. No. 97 of 1980. He has therefore invoked the jurisdiction of this Court under section 482. Criminal Procedure Code, to quash the orders granting the respondent maintenance.

(3.) Mr. Azizullah Khan learned Counsel appearing for the petitioner has submitted that having regard to the decree in O.S. No. 941 of 1978 which became final, it was not open to the Magistrate to reach any other conclusion. His submissihn is that if in terms of the decree in the civil suit the husband is blameless and became entitled for the company of his wife the maintenance awarded by the Magistrate cannot be allowed to stand.