M A RAHMAN Vs. P VENKATA RAMAMMA

JUDGEMENT

(1.) In this criminal revision case, an interesting question is raised by the learned Counsel appearing 'for the petitioner, the question being whether a Hindu male spouse, on conversion to Islam, is relieved of his obligation or liability to maintain his legally wedded female spouse and the children born to their lawful wedlock before l$s conversion?

(2.) The facts giving rise to the above criminal revision case do not admit of any controversy and may be briefly stated.

(3.) The petitioner married the first respondent in accordance with Hindu rites, both being Hindus. Respondents Nos. 2 to 6 were born to their lawful wedlock. Respondent 3 and 6 are their daughters. All of them, are minors. The petitioner, however, embraced Islam on 15th October, 1974 and invited the first respondent to embrace Islam. The first respondent did not yield to the wishes of the petitioner. The petitioner later married a muslim woman. Alleging desertion on the part of the petitioner, the first, respondent praved for maintenance for herself and for the children under section 125, Criminal Procedure Code. Maintenance was granted in a sum of Rs. 70 to the first respondent and in a sum of Rs. 30 each to respondents Nos. 2 to 6. The total monthly emlouments of the petitioner, who is working as a village Development Officer, are Rs. 448.