MUSTAFIZUR RAHMAN Vs. REJINA BEGUM

JUDGEMENT

(1.) The judgment and order dated 07.04.2014 passed by the learned Additional Chief Judicial Magistrate, Morigaon in M.R. Case No. 275/2011 granting maintenance allowance of Rs. 3,000/- per month in favour of the respondent is the subject matter of challenge in this revision.

(2.) There is no dispute that the marriage between the petitioner and the respondent was solemnised according to Muslim Rites on 05.08.2007. The respondent alleged in her petition that soon after the marriage acrimony had started brewing in their marital relationship because of the torture both mental and physical meted out to her by the petitioner demanding dowry from her. Ultimately, she was driven out and she had to take shelter in the house of her parents. She claimed maintenance by filing an application under Section 125 Cr.P.C. The petitioner appeared and contested the claim and denied the allegation brought against him by the respondent. According to him, she voluntarily left his house and refused to come back which compelled him to divorce her by pronouncing talaq.

(3.) It was contended that since she has been divorced by the petitioner, she is not entitled to maintenance under Section 125 Cr.P.C. and the legal recourse available to her is under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act 1986.