SHAHZADI BEGUM Vs. MOHAMMAD ABDUL GAFFAR

JUDGEMENT

(1.) Shahzadi Begum has filed this revision questioning the order of the Sessions Judge, Khammam, allowing the petition filed by her husband, Mohd. Abdul Gaffar, to set aside the order of the Additional Judicial First Class Magistrate, Kothagudem, awarding maintenance to her at Rs. 75.00 per month.

(2.) Shahzadi Begum is the wife of Mohd. Abdul Gaffar, the respondent. Abdul Allem, aged about 2 years is their son, Shahzadi Begum (Petitioner) and Mohd. Abdul Gaffar (respondent) were married on 14/04/1974. According to the petitioner, the respondent was ill-treating her and ultimately forced her to leave the house on 1/02/1975 and was not providing any maintenance for her or their son. She further stated that the respondent had divorced her on 14/01/1978 and had married again. She had not remarried. The respondent is working as a Fitter in the Singareni Collieries at Kothagudem and gets a monthly income of Rs. 600.00. Their son is still under her guardianship and protection. She filed the petition under Section 125, Cr.P.C. for maintenance at the rate of Rs. 200.00 per month for her and her minor son from the date of the petition.

(3.) The respondent contested the petitioner denying the allegations of illtreatment and desertion. According to him, the petitioner is a quarrelsome lady and was insisting upon the respondent to separate from his parents for which he refused and ultimately on 1/02/1976 she went away to her parents house carrying her jewellery. He says that he made efforts to bring her back and live with her in vain. He admitted that he had divorced her and had remarried. He stated that he was a trainee fitter getting a salary of Rs. 375.00 per month and he had to feed his parents, second wife and his unemployed brother and sister.