BEGUM BIBI Vs. ABDUL RAJAK KHAN

JUDGEMENT

(1.) Petitioner No. 1's application under Section 125, Code of Criminal Procedure, 1973 (in short, 'Code') having been held to be not maintainable by the learned Judicial Magistrate, first class, Bhadrak, she has moved this Court for interference.

(2.) Facts situation is almost undisputed and needs no elaborate reference. Bare essentials are as follows : Petitioner No. 1 filed a petition claiming maintenance of Rs. 1,000.00 per month, i.e., Rs. 500.00 for herself, Rs. 250.00 each for two minor children from the opposite party. According to her, opposite party demanded cash of Rs. 5,000.00 from her father for acquisition of a tailoring shop. On refusal he forcibly took away the ornaments from her possession along with other valuables, and drove her away from his house along with two minor children after taking her left hand thumb impression on blank papers. Though he was duty bound to maintain her and the children, and she was unable to maintain themselves, opposite party without any reasonable cause refused to do so.

(3.) Opposite party resisted the claim taking the stand that the application was not maintainable as he had divorced the applicant-petitioner No. 1 by reciting the word 'Talaq' three times on 17-7-1989. A cash of Rs. 5501.00 was paid to her as mahr money, in addition to Iddat money. Further land measuring 20.5 decimals was given under custody of petitioner no. 1 on 10-12-1984 for marriage of petitioner no. 2 and for maintenance of petitioner no. 1. He also agreed to pay Rs. 60.00 for maintenance of petitioner No. 2. Accordingly he prayed for dismissal of the application.