SYED NAZEERUDDIN Vs. GHOUSIA BEGUM

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C to quash the orders passed by the courts below. The proceedings arose under Section 125 Cr.P.C. and the 1st respondent has instituted the same claiming maintenance. The marriage between the petitioner and the 1st respondent was solemnised on 5-6-1983, but it ended in divorce on 26-12-1988. In between, a female child was born out of their wedlock.

(2.) The 1st respondent filed maintenance case for awarding maintenance till Iddat period as also return of her articles. In so far as the jahaz articles presented by her parents are concerned, it was held by the courts below that the same were returned to her. The only dispute which arises to be resolved pertains to gold ornaments, Champa Kali (necklace) and Kadai (bangles) weighing 4 1/2 Tulas and five sarees which, admittedly, were presented by the petitioner to the 1st respondent at the time of their marriage and which became the property of the 1st respondent. The area of dispute concerns only this lis in the instant case.

(3.) Mr. Wasim Ahmed Khan, the learned counsel appearing for the petitioner, vehemently contends that the petitioner is a law abiding and sincere citizen; that the 1st respondent was at fault and in fact, the 1st respondent is the cause for dissolution of the marriage; that all the articles belonging to the 1st respondent were returned back; that the legal proceedings instituted by the 1st respondent are nothing, but an abuse of the process of the court and that the orders passed by the courts-below directing the petitioner to return the above gold ornaments are illegal and are liable to be set aside.