AZMA SULTAN Vs. AUSAF AHMAD KHAN

JUDGEMENT

(1.) The applicants have filed this Civil Revision challenging the order dated 21/7/2006 passed by 2 nd Additional Sessions Judge, Damoh in Criminal Revision No.122/2005 thereby rejecting the claim of applicant No.1 for maintenance.

(2.) Brief facts of the case are that applicant No.1 is the wife of the respondent. The marriage between applicant No.1 and the respondent was solemnized in the year 1990 in accordance with the custom and rites of Muslim Law. Out of the said wedlock, applicants No.2 to 4 were born. The allegation of applicant No.1 is that respondent thrown out her from her matrimonial house on 20/8/2003 and since then applicant NO.1 along with her three daughter are residing with her parents. Thereafter the applicants filed an application under Section 125 of Cr.P.C. for grant of maintenance of Rs.3,000/ - per month to each of the applicants. The applicants in their application filed under Section 125 of Cr.P.C., has pleaded that the respondent/husband is having business of sale of milk and he is also T.V. And Radio Instructor in I.T.I., Govindpura, Bhopal wherefrom he is having a salary of Rs.20,000/ - per month as well as he is earning Rs.1,000/ - per day from the business of dairy.

(3.) The respondent/husband filed his reply and admitted the marriage and birth of three daughters but has alleged that applicant No.1 laid life of adultery. He further alleged that applicant No.1/wife has always gone to her parents house. He also alleged that applicant No.1 has independent source of income. It is alleged by the respondent that he has divorced applicant No.1 on 23/11/2004 before Notary and, therefore, she is not entitled to get maintenance under Section 125 of Cr.P.C.