NASEEMBEE AND ANOTHER Vs. ZAMEER

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is directed against the order passed by learned First Additional Sessions Judge, Khargone (West Nimar) in Criminal Revision No.115/2008 dated 21.05.2009, which in it turned directed against the order passed by learned Judicial Magistrate First Class- Khargone in MJC No.04/2007 dated 21.07.2008, whereby learned Magistrate allowed the application filed by the applicants under Section 125 Cr.P.C. and awarded the maintenance allowance to applicant No.1 @ Rs.800/- per month and to applicant No.2 @ Rs.400/- per month.

(2.) According to the applicants, the applicant No.1 is the wedded wife of the respondent. The marriage took place about seven years prior to filing of the application under Section 125 of Cr.P.C. According to muslim rites and rituals. The applicant No.2/Muskan was born out of the wedlock, she was above four years old when the application before the Magistrate was filed. The respondent treated the applicant No.1 properly for about 1 ½ years and thereafter, he started misbehaving and treating her with cruelty when two more children were born, however, they could not survive. The respondent used to beat her and due to excess beating an abortion took place. The matter was reported to the Police Station Bhikangaon where crime under Section 342, 320/34 and 498-A IPC was registered. At the time of filing of the application, the applicant No.1 was residing with her father and she claimed Rs.2,000/- per month by way of maintenance for herself and Rs.1,000/- for her daughter.

(3.) The respondent denied all the allegation levelled by the applicants. According to him, applicant No.1 used to threaten him that she would consume poison and die and she also threaten him that she would implicate him in false cases.