MD ABDUL AZIZ Vs. REHANA BEGUM

JUDGEMENT

(1.) This petition under section 397 read with Section 401 of Cr. P.C. is directed against the order of learned Chief Judicial Magistrate, Karimganj dated 1.8.87 passed in M.R. Case No. 75/87 directing the petitioner herein to pay the Opposite Party maintenance allowance at the rate of Rs. 100/- per mensem.

(2.) The brief facts of the case an that the petitioner married the Opposite Party on 29.10.80 A.D. according to Islamic rites and out of their wed-lock two children were born. Thereafter the petitioner married the wife of his younger de ceased brother and soon-after this marriage, it was alleged, the petitioner started torturing the Opposite Party and the magnitude of the torture went to such an extent that the Opposite Party along with her children had to take shelter in the house of her father. As the petitioner did not take care of the Opposite Party the Opposite Party at last filed a petition in the court of learned Chief Judicial Magistrate for maintenance.

(3.) The petitioner resisted this petition by filing a written statement wherein he contended, inter alia, that he divorced the Opposite Party and that he never tortured her. So, according to Mahemmedan Law the Opposite Party is not entitled to get any maintenance.