ISLAM BI Vs. NAWAB KHAN

JUDGEMENT

(1.) BY this petition the petitioner/wife challenges order dated 26. 8 1986 passed by the Judicial Magistrate, 1st Class, Depalpur dismissing petitioner's claim for maintenance from respondent/husband.

(2.) PETITIONER wife presented application for maintenance @ 500/- per month from respondent/husband, in the Court of Judicial Magistrate, 1st class, Depalpur. Petitioner's case briefly stated was that she was married to respondent at Depalpur according to Mohammedan rites some four years before the date of presentation of the claim application. After marriage petitioner and respondent lived together for some time. The petitioner alleged cruelty and desertion also against the respondent but they are now not material for disposal of the present revision petition. The petitioner alleged that respondent drove her away from the house and since then she has been living with her parents. The respondent had married a second time. He is engaged in the work of welding and makes good income from the business. The petitioner alleged that respondent even though possessed of sufficient means, has declined and refused to maintain the petitioner. On these ground she claimed maintenance @ 500/- per month.

(3.) THE respondent in his reply admitted his marriage with petitioner according to Mohammedan rites. In para 10 of his reply he also admitted that he had married a second time but denied his liability to pay maintenance to petitioners wife. He offered to keep the petitioner with him and maintain her and submitted that the petitioner/wife is living away from the respondent with-out any sufficient reason and, therefore, is not entitled to receive maintenance allowance from him.