ASIF SAIED Vs. S M UNNISSAN RANA

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure,1973 has been preferred against an order dated 2nd March 2010, passed in Criminal Revision No. 121/2009 (Smt. S.M. Unnissa @ Rana and Ors. v. Asif Saied) by the First Additional Sessions Judge Vidisha (M.P.), modifying thereby the Award dated 13th April 2009 passed in Criminal Case No. 08/2007 by the Court of Judicial Magistrate First Class, Kurwai, district Vidisha and enhancing the monthly maintenance amount from Rs. 2000/-to Rs. 3000/-to the Respondent No. 1 Smt. S.M. Unnissa and from Rs. 500/-to Rs. 1000/-to Respondent No. 3 Baby Bushra. However, the maintenance amount awarded to Respondent No. 2 Baby Madiha was not disturbed.

(2.) The brief facts just for the decision of this revision petition are that the Petitioner was married to Smt. S.M. Unnissa @ Rana and Babies Madiha and Bushra were born out of their wedlock. After sometime of marriage, due to unfortunate events, Respondent No. 1 S.M. Unnissa left her matrimonial home alongwith her infant daughters and started living with her parents. On the request of the Respondent-wife, the Petitioner divorced her as per Muslim Shariyat law. On the application for maintenance under Section 125 of Code of Criminal Procedure ., by the Respondent-wife, the trial Court awarded the monthly maintenance amount as mentioned earlier. Being aggrieved by the Award passed by the trial Magistrate, the revision petition was preferred seeking enhancement and eventually the maintenance amount awarded by the trial Magistrate was enhanced, as stated above.

(3.) The contention of the learned Counsel for the Petitioner is that on the request of the Respondent No. 1-wife, the Petitioner validly gave to her divorce. Hence, under the Muslim Personal Law, the liability of the husband-Petitioner to maintain a divorced wife is limited to the period of iddat. It is submitted that the Respondent No. 1 left her matrimonial house as per accord. She does not like the company of Petitioner's old and ailing parents, who are living at Bhopal and occasionally use to visit his house. She did not like that the Petitioner should spent money on their treatment. It is submitted that the Petitioner is working as teacher in Madarsa and is not capable to pay the enhanced amount of monthly maintenance as awarded by the Revisional Court. Therefore,it is requested that by allowing the present revision petition, the award passed by the Revisional Court be set aside.