SK NASIRUDDIN; Vs. DULARI BIBI

JUDGEMENT

(1.) The core question which falls for decision in this case is whether the proceeding under S. 125, Criminal Procedure Code (Cr.P.C.) is liable to be reopened in view of the provisions in the Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986)?

(2.) The factual background of the case leading to the present proceeding may be shortly stated thus: The petitioner is the husband of opposite party No. 1 and father of opposite parties 2 and 3. On the application filed by the opposite party No.1 under S. 125, Cr.P.C., Misc. Case No. 86 of 1985 was initiated in the Court of the learned Sub-Divisional Judl. Magistrate, Bhadrak. In the said application the opposite party No. 1 for herself and on behalf of her two minor sons claimed maintenance from the petitioner alleging, inter alia, that she is the legally married wife of the petitioner, opposite parties 2 and 3 are their children. The parents-in-laws being dissatisfied with the dowry she brought with her at the time of her marriage used to assault and illtreat and finally drove her out from matrimonial home. Having no other alternative she was forced to take shelter in her father's house. Since she has no independent source of income and is unable to maintain herself and her minor children, she claimed maintenance from the petitioner at the rate of Rs. 300/- per month.

(3.) The petitioner contested the case. While admitting his marriage with the opposite party No. 1 and that he was the father of the opposite parties 2 and 3, he denied other allegations in the petition. It is his case that the opposite party No. I left his house with the children on her own volition and without any reasonable cause.