MOSAMMAT MAMUDA BIBI Vs. SK MANIRUDDIN ALIAS MONIRUL

JUDGEMENT

(1.) As the factual matrix and principles of law involved in these two revisional applications are identical I intend to dispose of both the revisional applications by this common judgment and order.

(2.) Mosammat Mamuda Bibi as petitioner filed CRR No.1594/04 in this Court assailing the judgment and order dated 21.4.04 passed by the learned Judicial Magistrate, 3rd Court, Diamond Harbour in Misc. Case No. 197/97 thereby allowing maintenance @ Rs.1500/- per month for herself and @ Rs.1000/- per month for her minor son totalling Rs. 2500/- per month as maintenance with effect from the date of the order. During the course of hearing in this Court it transpired that, challenging the same order the husband Sk. Maniruddin has preferred a criminal revision before the learned Sessions Judge, South 24-Parganas at Alipore which was registered in that Court as Criminal Motion No. 330 of 2004. This Court under its supervisory power and to avoid conflicting decisions called for the records of the said criminal motion from the Court of the learned Sessions Judge, South 24-Parganas, and after receipt of the record of Criminal Motion No. 330 of 2004 it has been registered in this Court as CRR No. 647/05.

(3.) The facts of the case as it appears from the application under section 125 of Cr. PC filed by Mamuda Bibi is that she is the legally married wife of Sk. Maniruddin (petitioner of CRR 647/05 and O.P. of CRR 1594/04). The marriage was solemnised on 30.5.91 according to their Muslim Sariyat and Customs and after marriage the wife went to husband's house and lived together as husband and wife. In the marriage 'Den Mohor' was fixed at Rs.20,000/-. Since marriage the wife was subjected to torture by the husband for more dowry. They were blessed with a son who was about 10 years in age when the application was filed. Finally on 16.4.94 the wife was driven out from her matrimonial home by the husband after severe assault. She filed one application for maintenance on 6.1.95 but, after appearance of the husband the said case was withdrawn on the assurance of the husband that he would pay maintenance to her and to her son. But the husband did not pay any maintenance either to her or to her minor son. Finding no other alternative, the wife Mamuda Bibi instituted the present application under section 125 of Cr. PC and after end of the trial the learned Magistrate allowed her prayer in part and passed maintenance order in favour of wife @ Rs.1500/- per month and in favour of the minor son @ Rs. 1000/- per month. Initially in her application the wife claimed maintenance @ Rs. 1500/- and 1000/- per month respectively for herself and for her minor son. Subsequently, by filing a petition for amendment she claimed maintenance @ Rs.10,000/- each for herself and for her minor son.