MOHAMMAD JALIL KHAN Vs. ANWARI BEGUM

JUDGEMENT

(1.) THIS is the husband's revision against the granting of the monthly maintenance Under Section 125 of the Code of Criminal Procedure, 1973.

(2.) MST. Anwari Begum (non-applicant) admittedly, was married to Mohd, Jalil Khan (applicant) in 1970. After about two years, the wife came to live with her parents; and she gave birth to a female child Ku. Afroz in May, 1972. The wife filed the petition on 30-3-1973 Under Section 488 of the Cr. P. C. 1898. against the husband claiming maintenance for herself and also for the female child at the rate of Rs. 250/- per month (Rs. 200/- for herself and Rs. 50/- for her child) on the ground that the husband was neglecting and refusing to maintain them despite his having sufficient means as an employee of the State Bank of India and that, she herself was not possessed of any means for her own maintenance and the for of her child. This petition was resisted by the husband on the ground that humid already divorced the wife on 5-8-19t2: and as such, she was not entitled to any maintenance. The paternity of the child was equally denied. The husband further urged that his monthy salary was hardly sufficient for his own maintenance and that of his seven dependents.

(3.) THE trial court held that the child Ku, Afroz was the legitimate child, born out of the lawful wedlock of the parties. It was further held that the husband had divorced the wife on 5-8-1972 thus entitling the latter to claim the maintenance. The husband was held to have sufficient means for maintaining the wife and child. The wife herself, however, was held to have no means whatsoever for the said purpose. Accordingly, the learned trial Magistrate, vide his Order dated 9-71980, granted maintenance of Rs. 100/- p. m. to his wife and Rs, 50/to the child, from 30-3-1973 (date of application) to 9-7-80 (the date of Order) and thereafter at the enhanced monthly rates of Rs. 175/and Rs. 75/- respectively. Hence now, the husband's present revision,