MUNEER HASSAN KHAN Vs. FAREEDA KHATOON

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.12.2001 passed by the learned Additional Metropolitan Sessions Judge-cum-Additional Family Court, Hyderabad, in M.C. No.134 of 2000.

(2.) The revision petitioner is the respondent in the maintenance case. The respondent herein filed M.C. No.134 of 2000 under Section 125 of the Code of Criminal Procedure (for short 'the Code') mentioning inter alia in the petition that her marriage with the respondent was celebrated on 17.8.1999 and that later the relationship inter.se between them was strained because of the harassment meted out to her by the respondent and his parents for non-compliance of the demand for additional dowry of Rs.50,000/- and that on 15.5.2000 she was beaten and sent out of the house and since then she has been residing in her parents house. It is further averred that the respondent has been working as an Electrician and getting an amount of Rs.3,000/- per month and having had means, he refused to maintain her who is unable to maintain herself. That petition is resisted by the husband by filing a counter mentioning inter alia that he pronounced Talak on 9.10.2000 and gave divorce to the petitioner and that a Talaknama was also prepared and the same was communicated to the petitioner and to her father through registered post with acknowledgment dated 10.10.2000. It is his further case that petitioner being a divorcee is not entitled to any maintenance and that he is earning only Rs.30/- per day, as he is working under an Electrician as a worker.

(3.) The learned Judge of the Family Court formulated three points for his determination as under: