NIZAMUL HAQUE Vs. BEGUM NOORJAHAN

JUDGEMENT

(1.) This revisional petition is directed against the order of a learned Magistrate of the first class, Burdwan granting under Section 488 of the Code of Criminal Procedure maintenance allowance to the opposite party No. 1, Begum Noorjahan and her child.

(2.) On 2nd September, 1963 an application was filed under Section 488, Cr. P. C. by Begum Noorjahan claiming maintenance from her husband Nizamul Haque for herself and her child aged about three years. The case of Begum Noorjahan is that she was formerly a Hindu, that her name was Protima Das and that her father's name was Jatindra Nath Das and that she is a posthumous child. Sometime after her birth her mother being helpless married one Ziauddin Mullick, a Muslim. Begum Noorjahan was married to Nizamul Haque on the 27th May, 1960 according to Muslim rites. A child was born to her by Nizamul on the 12th December, 1960. One of the conditions incorporated in the Kabinnama at the time of the marriage was that her husband would live in her house and that accordingly they lived together in Begum Noorjahan's house. Sometime after the birth of file child the husband began to illtreat her, so much so, that she gave birth to a still-born child on 14th August 1962 as the result of beating by her husband. On the 15th August, 1963 the husband left the wife's house. Her husband was addicted to drinking and was also attached to other women. Noorjahan tried to bring back her husband to her house but failed. Therefore, she was compelled to file an application under Section 488 Cr. P.C.

(3.) The stand that was taken by Nizamul Haque was that Begum Noorjahan was his wife and that a daughter was born to them as alleged by the wife and that he was prepared to maintain them provided they came to live with him at his house. It was also alleged by the husband that the application under Section 488 was not a bona fide application and that it was filed by his wife at the instance of other interested; persons so that they could live on the allowance that Noorjahan might succeed in getting through Court on her application under Section 488,