MOHAMMAD HAMID SIDDIQUI Vs. NAJIBUN BEGUM

JUDGEMENT

(1.) 1. Heard learned counsel for the Petitioner and the State.

(2.) By means of this application, the Petitioner seeks to quash the order dtd. 20/4/2023 passed by the learned Judge, Family Court, Sonepur in Cr.P. No.7 of 2023 under Annexure-1.

(3.) The background facts of the case are that the Opposite Party filed a Petition for maintenance U/s.125 of CrPC before the learned Judge, Family Court, Sonepur registered as Cr.P. No.7 of 2023. In the said petition, she stated, inter alia, that the present Petitioner is the husband and the Opposite Party is the wife. The parties are Muslim and they are guided by the Muslim Personal Law. The marriage between the parties was performed on 2/1/2021 in accordance with ceremonies as laid down in their personal law and it was consummated. The relationship between the parties continued only for a period of nine months and ten days. It is further contended that after the marriage, the Petitioner and his family members subjected her to ill-treatment and torture demanding more dowry for which the Opposite Party instituted a criminal case against the Petitioner and his relatives registered vide Tarbha P.S. Case No.270 of 2022 under Sec. 498-A/506/34 of IPC. She alleged to have no source of livelihood and is completely dependent on her relation for her survival and as such she is leading a miserable life. The Opposite Party further stated that her husband is having a wholesale shop dealing with bangles and his monthly income is more than four lakhs. On this background the Opposite Party prayed for grant of maintenance of Rs.60,000.00 per month in her application before the learned Judge, Family Court.