ABU TALEB ALI Vs. HASINA BIBI

JUDGEMENT

(1.) Heard Mr. M. A. Sheikh, learned counsel for the petitioner.

(2.) This application by the petitioner husband U/s 482 read with Section 401 of the Criminal Procedure Code is directed against the order dated 11.2.2005 passed by the learned Sessions Judge, Dhubri in CR Case No. 19(3)/04 dismissing the revision petition filed by the husband-revision petitioner challenging the order dated 30.7.2004 passed by the Judicial Magistrate, 1st Class, Dhubri in Misc. Case No. 148/2002 awarding maintenance of Rs. 700/- per month for the wife (present Opposite Party) and Rs. 450/- per month for the minor son with effect from the date of filing of the application under Section 125 Cr. P. C. i.e. 2.5.2002.

(3.) An application u/s 125 of the Criminal Procedure Code was filed by the present Opposite Party Musstt. Hasina Bibi against the present the petitioner claiming maintenance @ Rs. 500/- per month for herself and @ Rs. 400/- per month for first son, Rs. 300/- per month for the daughter and Rs. 200/- per month for the second son. The learned Judicial Magistrate 1 st Class Dhubri on the basis of the evidence on record came to the finding that the petitioner-husband having sufficient means neglected to maintain his wife (present Opposite Party) and his minor son who are unable to maintain themselves. The learned Magistrate also came to the finding that the husband drove the wife out from his house and has contacted a second marriage. It was further found by the learned Magistrate that out the wedlock between the present petitioner and present Opposite Party 3 children were born, one of the son is with the present Opposite Party/wife, other children, namely one daughter and one son are with the present petitioner/husband. Having recorded the said funding an amount of Rs. 700/- and Rs. 450/ - per month were awarded as maintenance by the learned Magistrate for the wife and this minor son living with her with effect from the date of filing of the application i.e. 2.5.2002. Being aggrieved, the present petitioner-husband moved the learned Sessions Judge in revision which was dismissed vide order dated 11/2/2005 by upholding the order of maintenance passed by the learned Magistrate.