SYED ABDUL KHADER Vs. AKTHARI SULTANA

JUDGEMENT

(1.) This criminal revision case by husband is directed against an order, dated 9-8-2001, made in M.C. No.139 of 2000, on the file of the Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum- Additional Family Court, Hyderabad, allowing an application filed under Section 125 of the Criminal Procedure Code (for short "Cr.P.C") and awarding maintenance of Rs.500/- per month to the petitioner therein (wife) against the respondent-husband.

(2.) For convenience of reference, the revision petitioner and the respondent will be referred to as per their array before the lower Court, viz., wife as the petitioner and the husband as the respondent.

(3.) The marriage of the petitioner and the respondent was solemnized on 24-6-2000. After consummation of the marriage, the petitioner joined the society of her husband and stayed with him till 15-11-2000. It was on 15-11-2000, as per the case of the petitioner, she was beaten and driven out of the house by the respondent and relatives making demand for an additional dowry of Rs.50,000/-. The respondent also does not dispute the date on which the petitioner left his society. A complaint was also lodged before the police in Crime No.318 of 2000 of P.S. Humayun Nagar against the husband and in-laws by the petitioner for the offences punishable under Sections 498-A of the Indian Penal Code, Sections 4 and 6 of the Dowry Prohibition Act, 1961 and the said case is still pending for disposal in the Court of the Ill-Additional Chief Metropolitan Magistrate, Hyderabad. Thus, the petitioner's case is that she was harrased for dowry and was driven out of the house on 15-11-2000 by her husband and the latter neglected and refused to maintain her.