JUMANA BAI Vs. MUSHTAQ ALI

JUDGEMENT

(1.) THIS revision has been filed under Section 397 read with Section 401 of the criminal Procedure Code by the petitioner Jumana Bai wife of Mushtaq Ali assailing the order dated 2-11-2007 passed by the Additional District Judge, Fast track, Kukshi in Criminal Revision No. 49/07 dismissing the order of maintenance passed by the Trial Court.

(2.) BRIEF facts as alleged are that the petitioner Jumana Bai has filed an application under Section 125 of the Cr. PC before the Trial Court stating that she had married Mushtaq Ali in the year 1986 at Kukshi and that on 13-1-2001 mushtaq Ali had left the petitioner wife at her parental home. The religious guru and parents of the wife had tried to pacify the respondent husband however, he had abandoned the wife without any reason. Jumana Bai stating that her husband Mushtaq Ali had earning of Rs. 10,000/- per month claimed Rs. 3,000/-as monthly maintenance.

(3.) CONSIDERING the case on its merits and evidence the Trial Court ordered Rs. 2,000/- as maintenance to be paid to Jumana Bai. Being aggrieved mushtaq Ali filed a revision before the Additional District Judge, Kukshi who by impugned set aside the order of the Trial Court stating that under the mohammedan Law a Muslim lady is not entitled to maintenance and if at all she is aggrieved that she should seek recourse to Mohammedan Law for relief. The learned Court relied on 2000 (4) MPLJ 62 for above said reasons.