NIZUMALHAQ Vs. PHOOL BEGUM

JUDGEMENT

(1.) Heard on admission.

(2.) This revision is directed against the order dated 18/2/2003 passed in Criminal Case No. 77/2002 by the Presiding Officer, Family Court, Rewa, whereby she has directed the applicant to pay maintenance allowance at the rate of Rs. 400.00 per month each to his minor children non-applicant Nos. 1 to 4.

(3.) The applicant was married to Mumtaz. He has now divorced her. Non- applicant Nos. 1 to 4 are their minor children. Mumtaz and non-applicant Nos. 1 to 4 filed an application for grant of maintenance allowance under section 125 of the Code of Criminal Procedure Code, 1973 (hereinafter referred to as "the Code")- The trial Court has held that the applicant despite having sufficient means is not maintaining the non-applicant Nos. 1 to 4 without any justified cause. The trial Court has also held that the non-applicant Nos. 1 to 4 are unable to maintain themselves. The trial Court has directed the applicant to pay maintenance allowance at the rate of Rs. 400/- per month each in favour of non-applicant Nos. 1 to 4 and rejected the claim of Mumtaz for maintenance allowance on the ground that she, having been divorced, is not entitled for maintenance allowance under section 125 of the Code Mumtaz has not come up in revision.