MOHAMMAD UMAR KHAN Vs. GULSHAN BEGAM

JUDGEMENT

(1.) Non-applicant Mst. Gulshan Begam brought an action under S. 125, Code of Criminal Procedure against her husband, applicant herein, claiming maintenance for herself and for her minor son Mohd. Safar Khan, aged about 7 years, before the Judicial Magistrate, First Class, Kawardha in Misc. Criminal Case No. 69 of 1989.

(2.) Mst. Gulshan Begam non-applicant No. 1, averred that she was married to applicant Mohd. Umar Khan some time in 1981 and out of their wed-lock, Mohd. Safar Khan was born. However, she further averred that she was being ill-treated by her husband, applicant herein, and also that her husband contracted the second, marriage. On these grounds, the application under S. 125, Cr. P.C. was made.

(3.) After receipt of the notice, the applicant/husband emerged with the plea that in December, 1983, he had divorced the non- applicant No. 1, Mst. Gulshan Begam and thereafter in the month of July 1984, at the request of relatives of the wife (non-applicant No. 1), he had further divorced her in writing.