WAHAD BAKSH SEIKH Vs. HADISA BIBI

JUDGEMENT

(1.) This is a reference under Section 438 of the Code of Criminal Procedure made by the Sessions Judge of Burdwan recommending that the order passed under Section 488 (1) of the Code of Criminal Procedure granting a monthly maintenance allowance to Hadisa Bibi and her two minor children be set aside.

(2.) Hadisa Bibi's case in the court below was that she was married to the opposite party, Wahad Baksh Seikh in the year 1358 B.S. in Nika form. There were two children born to her who are now minors. There was a duly registered Kabinnama fixing a dower. Wahad Baksh Seikh has another wife and two daughters and a son were born to her. Hadisa Bibi was living with her husband, Wahad Baksh Seikh since her marriage. Since Ashar 1362 B.S. Wahad Baksh started ill-treating Hadisa Bibi in various ways and also neglected to maintain her and her children as a result of which she was forced to leave her husband and to come to the house of her father who is a poor man unable to maintain her and her two children. Hadisa Bibi claimed a sum of Rs. 30/- for herself and Rs. 20/- for each of her children per month as maintenance allowances. The marriage with Hadisa Bibi is however admitted by Wahad Baksh Seikh.

(3.) The case of Wahad Baksh is that she had been given Talak in the presence of witnesses and it was duly registered by the local Kazi on the very next day of his marriage with her. Wahad Baksh's case further is that Hadisa Bibi voluntarily left his protection declining to live with him unless Wahad Baksh would divorce his first wife. Wahad Baksh also denied the paternity of her two children.