GAFFUR Vs. SALMA

JUDGEMENT

(1.) THE present petition filed under section 482 Cr.P.C. has been directed against the concurrent orders passed against the present petitioner, by the two Courts below to pay maintenance allowance at the monthly rate of Rs. 150/ - from the Month of March, 1986 till they attain majority.

(2.) FACTS of the case are that the present non -applicants filed the petition under section 125 of the Cr.P.C. against the present petitioner for granting maintenance allowance on the ground that the present non -applicant No.1 was married to the present applicant about nine years prior to filing of the said petition. Out of the said wed -lock non -applicants; No.2 and 3 were born to her. It was further mentioned in the said petition that after keeping the present non -applicant No.1 properly for a period of one year and a half, the non -applicant started subjecting her to cruelty. The present petitioner was residing with his elder brother Sattar and his wife Sajohai who both used to heat the non -applicant No.1 as well as her two minor daughters of very tender age. Ultimately about six years prior to filing of the petition, the petitioner out step her from their house after beating her. Seven months after her outer, she again went along with their children to the house of the present applicant hut he did not permit her to enter his house. The sister -in -law of the non -applicant Sajohai lifted the petitioner No.3 Miss Nagma and threw heron the ground on account of which the petitioner No.3 Miss Nagma sustained fracture of her left femur.

(3.) THUS , inspite of having sufficient means to maintain the petitioners, the present petitioner refused or at least neglected to maintain them. On the basis of the said pleadings the present non -applicant claimed maintenance allowance at the monthly rate of Rs. 350/ - for the petitioner No.1 and 200/ - each for the present non -applicant No.2 and 3.