KADAR MIAN Vs. JAHERA KHATUN

JUDGEMENT

(1.) Heard.

(2.) This revision is directed against the order dated 7-5-1997 in Criminal Proceeding No. 458 of 1991 of the Court of Judge, Family Court, Cuttack under Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code').

(3.) Inter se relationship is not disputed that petitioner is the husband or opp. party No. 1 and father of opp. party No. 2. Admittedly, parties are Muslim by faith and they are governed by their personal law. Alleging ill-treatment and cruelty against the petitioner and lack of funds to maintain themselves, the opposite parties filed petition u/S.125 of the Code claiming monthly maintenance of Rs. 300/- and Rs. 200/- respectively for opp. parties 1 and 2. Petitioner denied to the allegations of ill-treatment and cruelty etc. He advanced the case that opposite party No. 1 was never interested to stay in his house and on 3-1-1988, she gave 'KHULA' and left the house of the petitioner. He thus stated that opp. party No. 1 is not entitled to maintenance and that he is willing to maintain opposite party No. 2.