K KHALID Vs. SAJEEDA KHALID

JUDGEMENT

(1.) By preferring this application under Section 482, Criminal Procedure Code, the petitioner husband has sought to challenge the judgment and order dated 28.3.2011, passed by the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Criminal Revision No. 003 of 2011, whereby the learned revisional Court affirmed the judgment and order dated 2.12.2010, passed by the learned Judicial Magistrate, First Class-II, Port Blair in Misc. Case No. 131 of 2009. In the present application, the petitioner husband has, however, prayed for setting aside the judgment impugned and remanding the case back to the learned trial Court for adjudication of the matter after taking evidence of vital witnesses including the petitioner husband afresh.

(2.) The relevant facts giving rise to this criminal revision may he capsulised as under:-

(3.) It is contended inter alia therein, that the marriage between the petitioner and the OP No. 1 was solemnized in accordance with the Muslim religious rites and customs on 18.01.1990 and out of the said wedlock, the OP petitioner No. 2 was bom on 14th June, 1991. Since the petitioner No. I OP is a housewife and not employed anywhere, she is "facing extreme financial hardship to maintain herself and her minor son" who is studying in Govt. Polytechnic, Dollygunj in Diploma (Mechanical Engineering), First Year. Further, the OP wife is a heart patient and underwent open heart surgery on 02.01.1999. She has no source of income to maintain herself and her minor son. On the contrary, the petitioner OP is a govt. servant working as driver in the State Transport Department under the Directorate of Transport, Port Blair. He is also drawing salary of Rs. 23,105/- in total per month in such circumstances, she prayed for maintenance at the rate of Rs. 10,000/- per month in total, for herself and her minor son.