AFAQUE KHAN Vs. HINA KAUSAR MIRZA

JUDGEMENT

(1.) This revision petition under Section 397/401 of Cr.P.C has been filed by the petitioner, being aggrieved by order dated 06.11.2017, passed by learned 2nd Additional Principal Judge, Family Court, Bhopal, in M.J.C No. 764/2015, whereby the learned Judge has allowed the application under Section 125 of Cr.P.C. filed by the respondent/applicant and directed the petitioner/non-applicant to give the maintenance amount of Rs. 15,000/- per month to the respondent.

(2.) According to case, respondent has filed an application under 125 of Cr.P.C., before Family Court, Bhopal, contending that her marriage was solemnized with the petitioner on 23.12.2001, according to Muslim rites. After some time, behavior of petitioner and his family members became bad towards her. They demanded dowry and maltreated her. Thereafter, respondent gave birth to a dead child, since they started to torture her constantly. They had compelled her to bring Rs.50,000/- from her parents and due to non fulfillment of the same, they were torturing her. On 8.10.2002, they also quarreled with her family members and its report was lodged by her family members in Police Station- Jahangeerabad. Petitioner did not live with her for long period. She further contended that she had filed some criminal cases against the petitioner but due to compromise, she did not proceed further with those cases. She submits that her parents have retired from service and due to old age ailment they are not able to take care of her. She has no source of income for her survival. She prayed before court to give maintenance amount of Rs. 25,000/- from the petitioner.

(3.) In reply, petitioner/non applicant has denied all the allegations made against him by the respondent/applicant. He contended that a compromise was arrived between them and in this regard an agreement was also executed by the parties. Respondent had received Rs. 32,000/- of Mehar amount through cheque. She had also taken two cheques of Rs. 75,000/- for making compromise in proceedings filed under Muslim Women Protection Act 1986. They had agreed by executing an agreement that in future they will not file any legal proceedings against each other and she had also received the consolidated maintenance amount under Muslim Law.