RAHIM ALI PRODHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. A.K. Ahmed, learned counsel for the respondent No. 2 as well as Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent No.1.

(2.) The petitioner/husband has preferred an applicantion under Sec. 397 read with Sec. 401 Cr.P.C., 1973 against the judgment and order dtd. 22/11/2021 passed by the learned Principal Judge, Family Court Dhubri in F.C. Crl. Case No. 67/2019, whereby the petitioner was directed to pay Rs.3,000.00 to the respondent No. 2 and Rs.2,000.00 for her daughter as monthly maintenance.

(3.) Before the learned trial court the wife/respondent No. 2 gave an application under Sec. 125 Cr.P.C. stating that she was married with the revisionist according to the Muslim Shariat law. After marriage, she went to the house of her husband and performed her matrimonial obligation. A daughter namely, Rifa Saniya Prodhani was born out of their wedlock. In the year 2019, her husband and his family members demanded Rs.1,00,000.00(Rupees one lac only) as dowry and on account of non-fulfillment of dowry, she was driven out from her matrimonial home along with her daughter. Finding no alternative, she took shelter in the house of her parents along with her daughter.