NAGINA BANO Vs. MOHD NAEEM ALI

JUDGEMENT

(1.) Petitioners have filed present revision under Ss. 397/401 of the Cr.P.C. against order dtd. 7/5/2022 in MJCR No.242/2014 passed by First Additional Principal Judge, Family Court, District Jabalpur.

(2.) Petitioners had filed an application under Sec. 125 of the Cr.P.C. for grant of maintenance. In said proceedings, the Court proceeded ex-parte against respondent as he did not appear before the Court after service of notice.

(3.) Petitioner No.1 was married to respondent on 5/6/1994 as per Muslims Rites and Rituals. From said Nikah, petitioner No.1 was blessed with son and daughter i.e. petitioners No.2 and 3. Respondent started harassing the petitioners as he was having illicit relationship with other woman. Respondent forced the petitioner in executing an agreement by which she agreed that respondent will pay maintenance of Rs.2,000.00 with annual increment of 10% and further make available one acre land for agriculture and also given her Bidi Bundles containing 2000 Bidies. She separated from respondent believing agreement dtd. 11/7/2019 but he violated the agreement. Respondent is having sufficient agricultural land and his annual income is about Rs.20.00 lacs. The Court below dismissed the application for grant of maintenance on the ground that petitioner is living separately on the basis of mutual agreement. Since petitioner is living separately from non-applicant with her consent, therefore, her application for maintenance under Sec. 125(5) was dismissed and she was given liberty to assail agreement/letter in accordance with law.