ANWAR JAHAN Vs. MOHAMMAD OSMAN ALI

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C., to quash the order dated 13-11-1987 made in Criminal Revision Petition No. 3 of 1985 by the Additional Sessions Judge, Medak at Sangareddy.

(2.) The 1st petitioner herein is the wife of the 1st respondent while the 2nd petitioner is her daughter through the 1st respondent. In the year 1980 the petitioners filed a maintenance petition against the 1st respondent before the Magistrate at Medak. The learned Magistrate granted Rs. 150/- per month to the wife and Rs. 75/- to the daughter. The petitioners having been aggrieved of the quantum of the maintenance awarded sought for its enhancement by filing a revision under Sec. 397 Cr.P.C., before the Addl. Sessions Judge, Medak at Sangareddy. Meanwhile the 1st respondent husband moved this Court under Sec. 397 Cr.P.C., challenging the very award of maintenance in Criminal Revision Petition No. 36 of 1985. This Court after hearing both sides dismissed the said revision by order dated 22nd April, 1986. The order of this Court runs thus :

(3.) The simple question in these proceedings under Sec. 482 Cr.P.C., is whether in the facts and circumstances of this case the Ist-respondent-husband could invoke the doctrine of merger so as to dislodge the revision filed by the petitioners for enhancement of the maintenance awarded.