KU SABA Vs. SYED MOHD FAZIL

JUDGEMENT

(1.) THIS will also govern the disposal of Misc. Cr. Case No. 2270 of 1989 (Syed Mohd. Fazil v. Ku. Saba) filed by the non-applicant in this case.

(2.) THE applicant, in this case, feels aggrieved by the order dated 18-5-1989 passed by Shri N. K. Jain, Sessions Judge, Bhopal in Criminal Revision No. 26 of 1989 arising out of the order dated 19-11-1988 passed by the Judicial Magistrate, Class-I, Bhopal in Misc. Criminal Case No. 10 of 1977 and has approached this Court for necessary modification therein, by filing this application under Section 482 Cr. P. C.

(3.) APPLICANT is admittedly the daughter of non-applicant born to him from Smt. Nasreen Siddique, his wife. It appears that the applicant and her mother had filed an application under Section 125 Cr. P. C. claiming maintenance from the applicant on the allegation that though he was liable to maintain them, he was neglecting and refusing to do so. It was alleged that the mother of the applicant had gone to her father's house, few days before the birth of the applicant and had not returned to the non-applicant. The non-applicant was admittedly sending a sum of Rs. 50/- per month for maintenance of the applicant. The non-applicant resisted the claim of the applicant had submitted that since the applicant's mother had been staying away from him, without any lawful excuse, he was not liable to maintain her. The learned trial Magistrate, on appreciation of evidence adduced by the parties, hold that the mother of the applicant had left the non-applicant without sufficient cause and was living away from him without any justification. The mother of the applicant was, therefore, not held entitled to any maintenance.