LAWS(GAU)-1992-2-10

ABDUL HAMID Vs. MUSTT MINARA BEGUM

Decided On February 28, 1992
ABDUL HAMID Appellant
V/S
MUSTT.MINARA BEGUM Respondents

JUDGEMENT

(1.) The Opposite Party herein filed a petition under section 125 Cr. P.C. before the Judicial Magistrate, Rajo which was registered as Case No. 60 M/83. By judgment and order dated 9.5. 1989 the Court allowed the petition and awarded a sum of Rs. 200/- per month to the petitioner to be paid by the 2nd party in the said proceeding namely the petitioner herein. As the petitioner could not pay the amount he was sent. to civil prison till the amount was paid. Hence the present petition.

(2.) It is not disputed that the parties to the proceeding were duly married according to the Muslim law and they resided as husband and wife for about 6 months. According to the Opposite Party, here-in, the present petitioner tortured her both physically and mentally and ultimately drove her away, and as a result she went back to her fathers house. The Opposite Party has stated that though she wanted to live with her husband, the present petitioner but he refused to take her back and there was also a Village Panchayat regarding this matter. According to the present petitioner the Opposite Party here-in fled away without any reason. He has also denied the allegation of torture.

(3.) It may be stated that after the present petition was filed the present petitioner executed a Talaknama on 31.12.1988 before the Sadar Kazi and the Opposite Party was duly informed. The present petitioner filed a petition to drop the proceeding on the ground that in view of the divorce, the right of the Opposite Party here-in is governed by the Muslim Women (Protection of Rightsoit Divorce) Act, 1986 for short the Act but the application was rejected.