MOHD JUBER Vs. SHEHNAJBI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 28 -1 -1986, passed by the 3rd Additional Sessions Judge, Indore in Criminal Revision No. 86 of 1985 whereby setting aside the order passed by the learned Magistrate in proceedings under section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code') initiated on the application by the non -applicant No. 1 Mst. Shehnazbi, he has allowed the said application.

(2.) CIRCUMSTANCES giving rise to the revision petition are these. Parties are Muslim and are residents of Indore. The present petitioner Mohammad Juber was united in wedlock with the non -applicant No. 1 Mst. Shehnazbi on 31 -5 -80. Soon after the marriage she was subjected to cruelties by her husband and his relatives. The non -applicant No. 2 Mohammad Zahir was born to them on 6 -4 -81.

(3.) FROM 11 -1 -82 the non -applicant No. 1 is living in her parental home away from the petitioner. On 24 -9 -82 she gave birth to Mohammad Zafar, the non -applicant No. 3.